Council Agenda 18 July 2018

AGENDA
Ordinary Meeting of Council
6.00pm Wednesday 18 July 2018
*** Broadcast live on Phoenix FM 106.7 ***
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 15 August 2018
Bendigo Town Hall
Copies of the City of Greater Bendigo Council’s Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au
PAGE 1
This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any
person to engage in improper or disorderly conduct at the meeting.
Council Vision
Greater Bendigo - creating the world's most liveable community.
Council Values
Six values inform everything we as Council do in working together to be the best we can
for all of our community.
Seeking to achieve the best value for our use of the community’s public funds and
resources, by:
• We Lead;
• We Learn;
• We Contribute;
• We Care;
• We Respond;
• We Respect.
Goals
• Presentation and Managing Growth

• Wellbeing and Fairness
• Strengthening the Economy
• Environmental Sustainability
• Embracing our Culture and Heritage
• Lead and Govern for All
PAGE 2
ORDINARY MEETING
WEDNESDAY 18 JULY 2018
ORDER OF BUSINESS:
ITEM PRECIS PAGE
ACKNOWLEDGEMENT OF COUNTRY 5
PRAYER 5
PRESENT 5
APOLOGIES 5
LEAVE OF ABSENCE 5
SUSPENSION OF STANDING ORDERS 5
PUBLIC QUESTION TIME 5
RESUMPTION OF STANDING ORDERS 6
CR EMOND'S REPORT 6
DECLARATIONS OF CONFLICT OF INTEREST 7
CONFIRMATION OF MINUTES 8
1. PETITIONS AND JOINT LETTERS 9
2. PRESENTATION AND MANAGING GROWTH 10
2.1 100 HAMMILL STREET, KANGAROO FLAT 3555 - USE 10

AND DEVELOPMENT OF LAND FOR A PLACE OF
ASSEMBLY, ASSOCIATED CAR PARKING REDUCTION
AND NATIVE VEGETATION REMOVAL
2.2 38 BRIDGE STREET, BENDIGO 3550 USE AND 31

DEVELOPMENT OF LAND FOR ACCOMMODATION
(RESIDENTIAL HOTEL), ALTERATION OF AN ACCESS TO
A ROAD ZONE CATEGORY 1; PROVISION OF CAR
PARKING TO THE SATISFACTION OF THE RESPONSIBLE
AUTHORITY
3. WELLBEING AND FAIRNESS 67
3.1 ADOPTION OF THE GREATER BENDIGO PUBLIC SPACE 67

PLAN JULY 2018
3.2 TRANSFORMING THE CITY CENTRE UPDATE 74
PAGE 3
4. STRENGTHENING THE ECONOMY 83
5. ENVIRONMENTAL SUSTAINABILITY 83
6. EMBRACING OUR CULTURE AND HERITAGE 83
7. LEAD AND GOVERN FOR ALL 84
7.1 POTENTIAL DISPOSAL OF 49 NAPIER STREET 84

EAGLEHAWK (APPOINTMENT OF COMMITTEE TO HEAR
SUBMISSIONS)
7.2 LOCAL LAW NO. 10 - ADMINISTRATION 87
7.3 GREATER BENDIGO CITY COUNCIL COMMUNITY LOCAL 120

LAW
7.4 LOAN BORROWINGS 2017/2018 173
7.5 RECORD OF ASSEMBLIES 176
7.6 CONTRACTS AWARDED UNDER DELEGATION 183
8. URGENT BUSINESS 185
9. NOTICES OF MOTION 185
10. COUNCILLORS' REPORTS 185
11. MAYOR'S REPORT 185
12. CHIEF EXECUTIVE OFFICER'S REPORT 185
13. CONFIDENTIAL (SECTION 89) REPORTS 185
____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER
PAGE 4
Ordinary Meeting - 18 July 2018
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
LEAVE OF ABSENCE
Cr Yvonne Wrigglesworth requested Leave of Absence for the Council Meeting to be

held on Wednesday15 August 2018.
Cr Julie Hoskin requested Leave of Absence for this Council Meeting (18 July 2018).
SUSPENSION OF STANDING ORDERS
That Standing Orders be suspended to allow the conduct of Public Question Time.
PUBLIC QUESTION TIME
Public Question Time – Purpose

Council has provided the opportunity for members of the public to ask questions of broad
interest to Council and the community. Matters relating to routine Council works should
be taken up with Council’s Customer Service Officers through its Customer Request
System.
By the time planning matters have reached the council agenda, they have been through
an extensive process as required by the Planning and Environment Act. In addition, in
most instances mediation has been held between the parties involved. Throughout the
process there are many opportunities for the people to ask questions. Therefore, no
questions relating to planning matters on the Agenda will be accepted.
Public Question Time – Where, When And Who

The public question time is held at every Ordinary Meeting of Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered and unregistered
questions.
Residents are encouraged to lodge questions in advance so that a more complete

response can be provided.
PAGE 5
Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.
Acceptance of Questions
Each person asking a question of Council is required to stand, state their name, and
address the Mayor. Public Question Time is not an opportunity for making of statements
or other comments. Council’s Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.
1. An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2. In the event that the same or similar question is raised by more than one person,
an answer may be given as a combined response.
3. In the event that time does not permit all questions registered to be answered,
questions will be answered in writing or referred to the next meeting if appropriate.
4. The Mayor and or CEO have the right to decline registration on basis of:
• Legal proceedings;
• More appropriately addressed by other means;
• Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
• Answer likely to compromise his / her position;
• Confidential, commercial-in-confidence.
5. Each individual whose registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.
6. In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.
RESUMPTION OF STANDING ORDERS
That Standing Orders be resumed.
CR EMOND'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) direct financial interest

(b) indirect interest by close association
(c) indirect interest that is an indirect financial interest
(d) indirect interest because of conflicting duties
(e) indirect interest because of receipt of an applicable gift
(f) indirect interest as a consequence of becoming an interested party
(g) indirect interest as a result of impact on residential amenity
(h) conflicting personal interest
A Councillor who has declared a conflict of interest, must leave the meeting and
remain outside the room while the matter is being considered, or any vote is taken.
Councillors are also encouraged to declare circumstances where there may be a

perceived conflict of interest.
PAGE 7
CONFIRMATION OF MINUTES
Minutes of the Ordinary Meeting of Wednesday 20 June 2018.
The following items were considered at the Ordinary Council meeting held on
Wednesday 20 June 2018 at 6:00pm.
• Adoption of 2018-19 Council Budget

• Joint Letter regarding Bronze Drive, Kangaroo Flat
• Response to Petition regarding Council to Reroute Trucks Off Suburban Streets
(Pyke and Olinda Streets), Quarry Hill
• Marong Township Structure Plan - Final Draft
• Strathfieldsaye Urban Design Framework Planning Scheme Amendment C232 -
Consider for Authorisation
• 251 High Street, Golden Square - Partial Demolition and Extension to Existing
Dwelling, Construction of a Second Dwelling an Alteration of Access to a Road Zone,
Category 1
• 33 Houlahan Street, Kennington - Construction of Four Dwellings
• 11-15 Apsley Street, Strathfieldsaye - Approval of Development Plan, Use and
Development of Land for Child Care Centre, 2 Lot Subdivision and Display
Advertising Signage
• Quarterly Report to Council
• Investment and Borrowing Policies
• Contracts Awarded Under Delegation
• Record of Assemblies
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 20 June 2018,
as circulated, be taken as read and confirmed.
PAGE 8
Petitions and Joint Letters Ordinary Meeting - 18 July 2018
1. PETITIONS AND JOINT LETTERS
Nil.
PAGE 9
Presentation and Managing Growth - Reports Ordinary Meeting - 18 July 2018
2. PRESENTATION AND MANAGING GROWTH
2.1 100 HAMMILL STREET, KANGAROO FLAT 3555 - USE AND

DEVELOPMENT OF LAND FOR A PLACE OF ASSEMBLY,
ASSOCIATED CAR PARKING REDUCTION AND NATIVE
VEGETATION REMOVAL
Document Information
Author Peter O’ Brien, Planning Coordinator
Responsible Bernie O’Sullivan, Director Strategy and Growth

Director
Summary/Purpose
Application details: Use and development of land for a place of assembly and
associated native vegetation removal and car parking
reduction
Application No: DR/151/2017
Applicant: Shane Muir Consulting Engineers
Land: 100 Hammill Street, KANGAROO FLAT 3555
Zoning: Farming Zone
Overlays: Bushfire Management Overlay
No. of objections: 2
Consultation A consultation meeting was undertaken on 2 May 2018
meeting: attended by the permit applicant, objectors, officers and
Councillors Alden and Emond.
Key considerations: This application concerns a proposal to build a church on a
3.36 hectare property within the Farming Zone on the outskirts
of Kangaroo Flat.
Nearby residents are opposed to the proposal due to the

impact on the rural outlook / rural feel of the area, traffic and
impact on roads, vegetation removal, wildlife habitat, noise and
adverse impacts on the Crusoe and No.7 National Park.
Conclusion: The proposed place of assembly is an inappropriate land use
that will have a detrimental impact on the rural residential
character and detract from the entry to the adjacent National
Park.
PAGE 10
The size of the building and car parking area and associated
vegetation removal is considered excessive. This is an
inappropriate outcome for a site that is located outside of the
Urban Growth Boundary.
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to
issue a Notice of Refusal to Grant a Permit for the use and development of land for a
place of assembly and associated native vegetation removal and car parking reduction at
100 Hammill Street, KANGAROO FLAT 3555 subject to the following refusal grounds:
(a) The proposal is contrary to the following provisions of the State and Local Planning
Policy Frameworks:
• 10.01 Integrated Decision Making
• 11.02 Urban Growth
• 11.07 Regional Victoria
• 12 Environmental and Landscape Values
• 12.04 Significant Environmental and Landscapes
• 13.05 Bushfire
• 14.01 Agriculture
• 21.05 Compact Greater Bendigo
(b) The proposal does not respond appropriately to the decision guidelines of the
Farming Zone.
(c) The proposal does not meet the purposes of the Bushfire Management Overlay or
Clause 52.47 – Planning for Bushfire as the proposal increases the vulnerability of
communities to bushfire and directs population growth towards bushfire risk.
(d) The proposed native vegetation removal is excessive, will have a detrimental impact
on the rural residential character and landscape of the area and will adversely affect
the entry to the Crusoe and No. 7 National Park.
(e) Inadequate car parking has been provided and the proposed car parking reduction
will have an adverse impact on the nature of the locality.
(f) The proposal will have a detrimental impact on the rural residential nature of the
surrounding area by way of noise.
(g) The proposal is contrary to the orderly planning of the area.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
City of Greater Bendigo Community Plan 2017 – 2021

Goal 4: Presentation and managing growth
• Planning, developments and infrastructure that increase our liveability and pride in
where we live.
Goal 6: Embracing our culture and heritage
• Recognise and celebrate our unique history and diverse cultures
PAGE 11
Planning Controls - Greater Bendigo Planning Scheme
Why is a permit required?
A permit is required to:

• Use land for a Place of Assembly within the Farming Zone and to construct or carry
out works associated with a Section 2 use.
• Construct a building or carry out works associated with a Place of Assembly within
the Bushfire Management Overlay.
• Reduce the standard car parking rates outlined at clause 52.06
• Remove native vegetation pursuant to clause 52.17.
Report
Subject Site and Surrounds
The subject land is situated to the south west of Kangaroo Flat, on the corner of Hammill
and Granter Streets. It is a vegetated block which is irregular in shape and has an area
of 3.36 hectares with a fall of approximately 6 metres to the south west. A dam is
located adjacent to the centre of the Hammill Street frontage.
The adjoining land to the south east, west and north-west are located within the Public
Conservation and Resource Zone and are extensive in size.
The opposite properties to the north east, at numbers 81 – 101 Hammill Street and 28
Granter Street, are located within the Rural Living Zone. These properties are 0.4 – 0.6
hectares in size and contain a dwelling and associated outbuildings at the front of the
properties with large vegetated areas to the rear.
Diagonally opposite the subject site to the north east, at 5693 Granter Street is a cleared
8.5 hectare parcel of land which is located within the Farming Zone.
Further to the east and south east, are a number of properties that are located within the
Farming Zone, which vary between 0.5 and 5 hectares in size.
PAGE 12
Figure 1: Location map showing subject site. Objectors' properties marked with a star.
Figure 2: Location map showing land zoning of site and surrounds.
Proposal
It is proposed to use and develop the land for a place of assembly (church) and
associated car parking reduction and native vegetation removal.
PAGE 13
Figure 3: Aerial photo showing the extent of native vegetation proposed to be removed.
The church would be located towards the east of the site and would be setback 40
metres from the north (Hammill Street), east and south boundaries. Vehicle access
would be via a new 10 metre wide crossover at the south eastern end of the Hammill
Street frontage. The proposed driveway would lead to a gravel car park at the east of
the church, which would comprise 52 car parking spaces (including 3 disabled spaces).
PAGE 14
Figure 4: Site plan showing the location of the proposed church.
Figure 5: Enlarged site plan showing the location of the proposed church and car park.
PAGE 15
Figure 6: Floor plan
Figure 7: Elevations
PAGE 16
The internal layout of the church comprises an auditorium (324 square metres in size), a
function room (400 square metres in size), pastor's room, music room, a fathers' room,
mothers' room, kitchen, amenities, five storage areas and five unnamed rooms. The
church would be constructed of face brick with a colorbond roof. It would have a length
of 54.5 metres, a width of 20.5 metres and an overall area of 1,117 square metres.
A maximum patronage of 200 persons is proposed and the hours of operation would be
Wednesday 7:00pm – 8.30pm, Thursday 10:00am – 12:00pm, Friday 6:00pm – 9:00pm
and Sunday 9:00am – 1:00pm and 5:00pm – 8.30pm.
The vegetation removal component of the application is for patches of vegetation to be

removed, with a total extent being 1.387 ha proposed.
Figures 8 & 9: 3D images of the proposed church.
The following clauses are relevant in the consideration of this proposal:
PAGE 17
State Planning Policy Framework

• 10.01 Integrated Decision Making
• 11.02 Urban Growth
• 11.07 Regional Victoria
• 12 Environmental and Landscape Values
• 12.04 Significant Environmental and Landscapes
• 13.05 Bushfire
• 14.01 Agriculture
Municipal Strategic Statement

• 21.04 Strategic directions
• 21.05 Compact Greater Bendigo
• 21.08 Environment
Other Provisions
• Clause 35.07 – Farming Zone
• Clause 44.06 – Bushfire Management Overlay
• Clause 52.06 – Car Parking
• Clause 52.17 – Native vegetation
• Clause 52.47 – Planning for bushfire
• Clause 65 – Decision guidelines
• Clause 66 – Referral and notice provisions
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted:
Referral Comment
Country Fire Authority No objection subject to the mandatory conditions
outlined within the Planning Scheme, the
endorsement of the Bushfire Management Plan
and the submission of an Emergency
Management Plan.
Department of Environment, No objection subject to conditions which include
Land, Water and Planning tree protection measures for retained vegetation
and offsets for vegetation to be removed
North Central Catchment No objection.
Management Authority
PAGE 18
Referral Comment
CoGB Traffic & Design The proposed car parking reduction is not
supported and inadequate details are provided
regarding the dimensions of the accessway and
car parking spaces.
Otherwise no objection subject to conditions.

CoGB Drainage No objection subject to conditions.
CoGB Regional Sustainable Despite the site being outside of the Urban
Development Growth Boundary the church will service an
existing and future residential population in the
surrounding area
CoGB Safe and Healthy No objection.
Environments
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers. As a result of advertising, 2 objections were received,
with the grounds of objection being:
• The proposal will spoil the rural outlook and will detract from the rural feel of the area;
• Traffic and impact on roads;
• Excessive vegetation removal;
• Impact on wildlife habitat;
• Detrimental impacts on the Crusoe and No.7 National Park; and
• Noise.
The objections are discussed within the following assessment:
Planning Assessment
Is there policy support (State and Local) for a place of assembly in this location?
The following State policy objectives at clause 10.01 Integrated Decision Making are
applicable:
Society has various needs and expectations such as land for settlement, protection of
the environment, economic well-being, various social needs, proper management of
resources and infrastructure. Planning aims to meet these by addressing aspects of
economic, environmental and social well-being affected by land use and development.
PAGE 19
Planning authorities and responsible authorities should endeavour to integrate the range
of policies relevant to the issues to be determined and balance conflicting objectives in
favour of net community benefit and sustainable development for the benefit of present
and future generations.
Whilst there are conflicting objectives in this instance, noting that a community facility is
proposed, it is considered that use of the land as a place of assembly is an inappropriate
outcome that will have an adverse impact on the surrounding rural residential area and
the entry to the Crusoe and No. 7 National Park.
The vegetated nature of the site, combined with the adjacent forested areas, presents a
net community benefit in terms of the landscape and environmental qualities of area.
If the proposal was to be approved, these values would be permanently destroyed, which
would be a poor planning outcome.
State policy objectives at clause 11.02 Urban Growth seek to manage urban growth as
follows:
Planning for urban growth should consider:

• Opportunities for the consolidation, redevelopment and intensification of existing
urban areas.
• Neighbourhood character and landscape considerations.
• The limits of land capability and natural hazards and environmental quality.
• Service limitations and the costs of providing infrastructure.
It is considered that the proposal responds poorly to the neighbourhood and landscape
character of the area. The nature and scale of the use is excessive and inappropriate for
a site that is located outside of the Urban Growth Boundary.
Opportunities exist for this type of proposal to be accommodated within existing urban
areas and it is considered that the proposed church would be better located within an
existing urban area, thus reducing environmental impacts.
State policy objectives at clause 11.07 Regional Victoria seek to maintain and provide for
the enhancement of environmental health and productivity of rural and peri-urban
landscapes by:
• Managing the impacts of settlement growth and development to deliver positive land-
use and natural resource management outcomes.
• Avoiding development impacts on land that contains high biodiversity values,
landscape amenity, water conservation values, food production and energy
production capacity, extractable resources and minerals, cultural heritage and
recreation values, assets and recognised uses.
This clause also contains the following strategies for peri-urban areas.
• Strengthen and enhance the character, identity attractiveness and amenity of peri-
urban towns.
• Prevent dispersed settlement and provide for non-urban breaks between urban
areas.
PAGE 20
• Site and design new development to minimise risk to life, property, the natural
environment and community infrastructure from natural hazards such as bushfire and
flooding.
• Establish growth boundaries for peri-urban towns to avoid urban sprawl and protect
agricultural land and environmental assets.
The site is located outside of the Urban Growth Boundary and the proposal represents
the poor management of settlement growth as it would create dispersed settlement
patterns and create urban sprawl across the Urban Growth Boundary.
Approval of the application would detrimentally impact upon landscape amenity and
would deliver an inappropriate land use and natural resource management outcome.
State policy objectives at clause 12 Environmental and Landscape Values states that:
Planning should protect sites and features of nature conservation, biodiversity, geological
or landscape value.
As previously stated, it is considered that the proposal will detrimentally affect the
landscape values of the area.
State policy objectives at clause 12.04 Significant Environments and Landscapes seek
to:
• Improve the landscape qualities, open space linkages and environmental
performance in green wedges and conservation areas and non-urban areas.
• Recognise the natural landscape for its aesthetic value and as a fully functioning
system.
• Ensure natural key features are protected and enhanced.
The proposal will detrimentally affect the landscape qualities of the area, which includes
an abuttal to the Crusoe No. 7 reserve.
The extent of vegetation removal proposed will detrimentally impact upon the
surrounding wildlife corridor and the intrinsic values of the area.
It is important to consider not just the impact of the development on the site, but also the
impact on the linear nature of the surrounding Crown land and its impact on the natural
values of the area as a fully functioning system.
State policy objectives at clause 13.05 Bushfire seek to:
Give priority to the protection of human life by:

• Prioritising the protection of human life over all other policy considerations.
• Directing population growth and development to low risk locations and ensuring the
availability of, and safe access to, areas where human life can be better protected
from the effects of bushfire.
• Reducing the vulnerability of communities to bushfire through the consideration of
bushfire risk in decision-making at all stages of the planning process.
PAGE 21
Whilst the CFA have not objected to the proposal, the introduction of a large community
facility within a bushfire prone area is a questionable planning outcome, particularly given
the fact that such a facility could easily be located within the Urban Growth Boundary.
It is considered that the proposal does not meet the above mentioned objectives of
directing population growth and development away from bushfire risk and reducing the
vulnerability of communities to bushfire.
State policy objectives at clause 14.01 Agriculture seek to:

• Prevent inappropriately dispersed urban activities in rural areas.
It states:
In considering a proposal to subdivide or develop agricultural land, the following factors
must be considered:
• The desirability and impacts of removing the land from primary production, given its
agricultural productivity.
• The impacts of the proposed subdivision or development on the continuation of
primary production on adjacent land, with particular regard to land values and to the
viability of infrastructure for such production.
• The compatibility between the proposed or likely development and the existing uses
of the surrounding land.
• Assessment of the land capability.
As the site is small in size, adjoined by Crown land and heavily vegetated, it does not
have any potential for a conventional/traditional agricultural use to be established. It is
however important to note that the lack of potential for an agricultural use does not in
itself justify the approval of a place of assembly on the site.
Given the lack of potential for agricultural production, the development of a single
dwelling with a significantly reduced footprint and significantly less vegetation removal
could foreseeably be a more appropriate use of the subject site. This could be achieved
in a manner that would be far less disruptive of the surrounding landscape values and
rural residential feel of the area.
Notwithstanding this, the role of Council in this instance is to make a decision on the
merit of the proposal before it, not make a determination of the appropriateness of other
proposals that are not before it.
Local policy objectives at clause 21.05 Compact Greater Bendigo are applicable:
Manage the city’s outward growth and avoid sprawl by directing development into
planned growth areas within the Urban Growth Boundary.
The Urban Growth Boundary is a policy tool to manage Bendigo’s outward growth by
channelling residential and other urban land uses and development into designated
growth areas, preventing their outward sprawl and incursion into areas which council
wants to protect.
Large sections of the outer perimeter of Bendigo’s urban area are proclaimed as national
and regional parks, and discrete pockets of native vegetation also exist throughout the
residential areas. These contribute significantly to the character and liveability of the city.
PAGE 22
There are mechanisms in the planning scheme to address the urban-forest interface
mainly through the provision of a ‘buffer zone’ and building setbacks.
The proposal does not meet the above objectives of managing the city’s outward growth
and directing into planned growth areas within the Urban Growth Boundary.
The site is located to the south west of the Urban Growth Boundary, which runs along
Hammill Street and Granter Street.
The Urban Growth Boundary is shown in the dotted black line on figure 10 below.
Figure 10: Location of the Urban Growth Boundary (marked in orange).
The subject site plays a role in maintaining an unbroken vegetation and wildlife corridor
at the south west of Bendigo.
It also forms a part of the vegetated outlook to the entry to the Crusoe and No. 7 National
Park.
The significant extent of vegetation removal, combined with the siting of the car park to
the south east of the site, adjacent to the entry to the Crusoe and No. 7 National Park is
incompatible with the environmental and landscape values of the area.
This is considered to be a poor planning outcome that would be detrimental to the

community as a whole.
Clause 21.05 also contains the following objectives regarding rural residential
development:
PAGE 23
To recognise that rural living patterns of settlement are a legitimate and important aspect
of settlement in the municipality.
To encourage rural residential development that is sympathetic to the environmental

values of the area.
It is considered that the nature and scale of the use would have a detrimental impact on
the amenity of the surrounding rural residential development in the area.
The proposal will create adverse impacts of noise and car parking which will
detrimentally impact upon the amenity of the surrounding rural residential area.
The church would be used on weeknights and weekends when surrounding residents are
at home and has potential to detrimentally affect the amenity of the area due to the
significant increase in traffic, noise and activity in the area.
Rural residential areas are considered to be “a legitimate and important aspect of

settlement in the municipality” under this clause and the proposal has the potential to
detrimentally impact on the surrounding rural residential qualities of the area by having a
significant adverse impact on the quiet enjoyment of the area.
Does the application meet the purposes of the Farming Zone?
The purposes of the farming zone are:

• To implement the State Planning Policy Framework and the Local Planning Policy
• Framework, including the Municipal Strategic Statement and local planning policies.
• To provide for the use of land for agriculture.
• To encourage the retention of productive agricultural land.
• To ensure that non-agricultural uses, including dwellings, do not adversely affect the
use of land for agriculture.
• To encourage the retention of employment and population to support rural
communities.
• To encourage use and development of land based on comprehensive and
sustainable land management practices and infrastructure provision.
As noted previously, the site is small in size, adjoined by Crown land and heavily
vegetated, and is not considered to have any potential for an agricultural use to be
established.
The lack of potential for an agricultural use does not in itself justify the approval of a
place of assembly and the proposal does not meet the purposes of the Farming Zone as
it does not support sustainable land management practices and is contrary to a number
of State and Local Planning Policies as outlined within this report.
It is considered that the proposal responds poorly to the following decision guidelines
contained within the Farming Zone:
General issues:
• How the use or development relates to sustainable land management.
PAGE 24
• Whether the site is suitable for the use or development and whether the proposal is
compatible with adjoining and nearby land uses.
Environmental issues:
• The impact of the use or development on the flora and fauna on the site and its
surrounds.
• The need to protect and enhance the biodiversity of the area, including the retention
of vegetation and faunal habitat and the need to revegetate land including riparian
buffers along waterways, gullies, ridgelines, property boundaries and saline discharge
and recharge area.
Design and siting issues

• The impact of the siting, design, height, bulk, colours and materials to be used, on the
natural environment, major roads, vistas and water features and the measures to be
undertaken to minimise any adverse impacts.
• The impact on the character and appearance of the area or features of architectural,
historic or scientific significance or of natural scenic beauty or importance.
The excessive size of the proposed building, associated car park and vegetation removal
is not compatible with adjoining and nearby land uses and will detrimentally impact upon
on the flora and fauna on the site and its surrounds.
The design and siting of the proposal will have an adverse impact on vistas towards the
Crusoe and No. 7 National Park and the character and appearance of the area.
Does the application meet the purposes of the Bushfire Management Overlay?
The purposes of the Bushfire Management Overlay are:

• To implement the State Planning Policy Framework and the Local Planning Policy.
• To ensure that the development of land prioritises the protection of human life and
strengthens community resilience to bushfire.
• To identify areas where the bushfire hazard warrants bushfire protection measures to
be implemented.
• To ensure development is only permitted where the risk to life and property from
bushfire can be reduced to an acceptable level.
The application includes a Bushfire Management Statement for the site which fulfils the
requirements for a Bushfire Hazard Site Assessment and a Bushfire Management Plan.
The CFA has no objection to the proposal subject to the mandatory conditions specified
within the Planning Scheme, the endorsement of the Bushfire Management Plan and the
submission of an Emergency Management Plan.
Whilst the CFA has no objection to the proposal, the City is of the view that the
introduction of a large community facility within a bushfire prone area is an inappropriate
planning outcome, given that such a facility could easily be located within the Urban
Growth Boundary, away from the bushfire risk. As the proposal directs population growth
and development towards bushfire risk, it is contrary to the State and Local Planning
Policies which relate to bushfire risk.
PAGE 25
It is also considered that the CFA recommendation that an emergency management plan
be prepared for the site strengthens the view that the site is not suitably located for a
proposal of this nature if an extra level of risk management is required, beyond the
requirements of Clause 52.47.
As such, it is considered that the proposal does not meet the above objectives of the
Bushfire Management Overlay as the location of the proposed place of assembly
increases the vulnerability of communities to bushfire.
Particular Provisions
Clause 52.06 Car Parking.
Clause 52.06 requires 0.3 spaces for each patron permitted in a Place of Assembly.
As a maximum of 200 patrons are proposed, Clause 52.06 requires a total of 60 spaces
to be provided on site. The proposal provides for 52 spaces. A reduction of 8 spaces is
therefore sought.
The planning report submitted fails to acknowledge that a car parking reduction is sought
and provides no justification for the proposed reduction.
The overflow of car parking into the surrounding residential area is not considered to be
an appropriate outcome as it will have a detrimental impact on the rural residential
amenity of the area. These concerns are also raised by the City's Traffic Engineer and
the objectors to the proposal.
This is considered to be a poor planning outcome which cannot be supported,

particularly when no justification or acknowledgement of the reduction in parking has
been provided by the permit applicant.
Clause 52.17 Native Vegetation
Native vegetation removal is required in order to accommodate the proposed

development, including for the construction of the proposed building and associated car
parking, defendable space and wastewater disposal areas.
A biodiversity assessment report has been submitted with the application which identifies
the total extent of vegetation removal to be 1.387 hectares.
Figure 11 below shows the location of the vegetation which is proposed to be removed.
PAGE 26
Figure 11: Location of vegetation to be removed – shown shaded in green and blue.
The application was referred to the Department of Environment, Land, Water and
Planning (DELWP) who reviewed the proposed removal of native vegetation and
consented subject to offset conditions.
Whilst DELWP has no objection to the proposal, the City is of the view that the extent of
vegetation removed is excessive and will have a detrimental impact on the environmental
and landscape values of the area as outlined throughout this report.
Although the extent of vegetation removal proposed may be the minimum necessary to
provide defendable space around the church building and car park, the scale of the
proposal is considered excessive for the area, as is the extent of the associated
vegetation removal.
PAGE 27
The roles of the City and DELWP are outlined as follows within the Assessors handbook
for applications to remove, destroy or lop native vegetation:
The responsible authority is responsible for:

• Assessing all applications in accordance with the Guidelines, this Handbook and any
relevant local policy or procedure.
• Referring the application to DELWP, and any other referral authority, as required by
Clause 66.
• Considering recommendations received from a recommending referral authority
(DELWP will comment in accordance with the Guidelines and this Handbook).
• Deciding an application and if approved, drafting conditions including for securing the
required offset prior to vegetation removal.
A referral authority should not be used as a substitute for the responsible authority’s own
assessment of the application.
If the application was referred to DELWP, the responsible authority considers DELWP’s
recommendations.
The responsible authority is not bound to apply DELWP’s recommendation and

conditions however, DELWP’s response and conditions will be in accordance with the
Guidelines, and the responsible authority must make a decision in accordance with the
Guidelines.
After considering all the relevant decision guidelines and taking account of all
considerations the responsible authority must decide whether to approve or refuse an
application, and must be able to support their decision.
Given the above considerations, it is considered appropriate to refuse the proposed

vegetation removal.
Clause 52.48 Planning for Bushfire
Whilst the CFA has no objection to the proposal, the City is of the view that the
introduction of a large community facility within a bushfire prone area is a questionable
planning outcome, noting that the church could easily be located within the Urban growth
boundary, away from the bushfire risk.
As such, it is considered that the objectives of clause 52.48 are not met.
Clause 65 Decision Guidelines
This Clause states:

Before deciding on an application or approval of a plan, the responsible authority must
consider, as appropriate:
• The matters set out in Section 60 of the Act.
• The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
• The purpose of the zone, overlay or other provision.
• Any matter required to be considered in the zone, overlay or other provision.
PAGE 28
• The orderly planning of the area.

• The effect on the amenity of the area.
• The proximity of the land to any public land.
• Factors likely to cause or contribute to land degradation, salinity or reduce water
quality.
• Whether the proposed development is designed to maintain or improve the quality of
stormwater within and exiting the site.
• The extent and character of native vegetation and the likelihood of its destruction.
• Whether native vegetation is to be or can be protected, planted or allowed to
regenerate.
• The degree of flood, erosion or fire hazard associated with the location of the land
and the use, development or management of the land so as to minimise any such
hazard.
• The adequacy of loading and unloading facilities and any associated amenity, traffic
flow and road safety impacts.
It is considered that the proposal is incompatible with the surrounding area and is
contrary to the orderly planning of the area.
As outlined previously within this report, the proposal does not respond to the zoning and
overlay provisions, is not supported by a number of State and Local Planning Policies
and will have a detrimental impact on the adjoining public land and the surrounding
landscape character of the area.
Issues raised in the objections
• The proposal will spoil the rural outlook and will detract from the rural feel of the area;
• Traffic and impact on roads;
• Excessive vegetation removal;
• Impact on wildlife habitat;
• Detrimental impacts on the Crusoe and No.7 National Park; and
• Noise.
The City shares the concerns raised by nearby residents in relation to adverse impacts
on the rural outlook and rural feel of the area and considers that the nature and scale of
the proposed place of assembly is incompatible with the area.
Detrimental impacts on the Crusoe and No.7 National Park are also of concern given that
the entry to the National Park will be adversely affected by the proposed vegetation
removal and introduction of a land use and built form that is visually incongruous with the
surrounding Crown land and rural residential area.
The introduction of a place of assembly into such an area will detrimentally affect the
quiet enjoyment of the surrounding area, noting that the facility will be in operation during
evenings and weekends, and also noting that an unjustified car parking reduction is
sought.
PAGE 29
Traffic and car parking concerns have been discussed with the City's Traffic Engineer
who has advised that the level of increased traffic is appropriate subject to the sealing of
Granter Street; however a reduction in car parking cannot be supported in this area.
Conclusion
The proposed place of assembly will constitute an encroachment of urban activities

beyond the Urban Growth Boundary and is a poor planning outcome that is contrary to
the zoning and overlay objectives as well as several policies as contained within the
State and Local Planning Policy Framework.
The extent of vegetation removal is excessive and the car parking reduction is not
supported.
The proposal will have a detrimental impact on the rural residential character and
landscape and will adversely affect the entry to the Crusoe and No. 7 National Park.
It is recommended that a Notice of Refusal to Grant a Permit be issued.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
• Objections
PAGE 30
2.2 38 BRIDGE STREET, BENDIGO 3550 USE AND DEVELOPMENT OF

LAND FOR ACCOMMODATION (RESIDENTIAL HOTEL),
ALTERATION OF AN ACCESS TO A ROAD ZONE CATEGORY 1;
PROVISION OF CAR PARKING TO THE SATISFACTION OF THE
RESPONSIBLE AUTHORITY
Author Chris Duckett, Planning Coordinator

Director
Summary/Purpose
Application details: Use and development of land for accommodation (residential

hotel), alteration of an access to a Road Zone Category 1;
provision of car parking to the satisfaction of the responsible
authority.
Application No: DU/653/2017
Applicant: The Cheng & Lok Company Pty Ltd
Land: 38 Bridge Street, BENDIGO 3550
Zoning: Commercial 1 Zone
Overlays: Design and Development Overlay 21
Parking Overlay 2
Land Subject to Inundation Overlay 1
No. of objections: 4
Consultation 4 May 2018
meeting:
Key considerations: • Whether there is the strategic justification for the proposal;
• Is the proposal an acceptable design outcome;
• Whether the provision of car parking is sufficient to support
the proposed use;
• Will the proposal adversely affect the significance of nearby
heritage places.
Conclusion: The proposal represents an acceptable planning outcome,
subject to conditions, having due regard to the requirements of
the Greater Bendigo Planning Scheme.
PAGE 31
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Council resolves to
issue a notice of decision to grant a permit for the use and development of land for
accommodation (residential hotel), alteration of an access to a Road Zone Category 1;
provision of car parking to the satisfaction of the responsible authority at 38 Bridge
Street, BENDIGO 3550 subject to the conditions at the end of this report:
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 3: Strengthening the economy
• Advocacy, innovation and support to grow jobs and diversify the local and regional
economy.
Goal 4: Presentation and managing growth
• Planning, developments and infrastructure that increase our liveability and pride in
where we live.
Goal 6: Embracing our culture and heritage
• Recognise and celebrate our unique history and diverse cultures.
Background Information
An application for the use and development of land for accommodation (residential
hotel), alteration of an access to a Road Zone Category 1 was received by City of
Greater Bendigo on 11 October 2017.
The application was subsequently amended by the City, (prior to notice) to include ‘a
reduction in car parking requirement’. The correct description of the application in
relation to car parking is as per the title of this report. Further discussion on this is
provided in the car parking assessment section.
Notice of the application commenced on 22 February 2018 and included letters to seven
surrounding properties and an A3 sign placed on the front boundary of the property. Four
written objections have been received by the Statutory Planning Unit.
A consultation meeting was held on 4 May 2018 at the Hopetoun Street office to address
the matters raised by the objectors. Attendees included all three Whipstick Ward
Councillors, a Senior Planner, the applicant and five objectors.
During the meeting key matters were discussed, however these were not resolved to a
level that satisfied the objectors' concerns.
Report
Subject Site and Surrounds
PAGE 32
The subject site is located within the Hospital Precinct, approximately 650 metres to the
north-north-east of the Bendigo CBD. Coliban Water and the Bridge Hotel are located
across the road to the west; a pharmacy adjoins the property to the north; and a
pathology clinic is directly to the south.
The rectangular shaped lot is 390 square metres in area, has a frontage of 12.4 metres
and a maximum depth of 31 metres. The contour mapping indicates a relatively flat site
with less than a metre grade change across the span of the property.
The land is currently occupied by a single-storey weatherboard dwelling built circa 1920.
The front setback contains landscaping in the form of small shrubs. A metal shed is
located in the southeast corner of the site, and outbuildings are located to the rear of the
dwelling on the northern side of the property.
Figure 1: Location map showing subject site and proximate objectors' (red star)
Proposal
The application seeks to construct a building to be used primarily as a ‘residential hotel’.
Clause 74 of the Greater Bendigo Planning Scheme defines a residential hotel as;
‘Land used to provide accommodation in serviced rooms for persons away from
their normal place of residence. If it has at least 20 bedrooms, it may include the
sale of liquor for consumption on, or off, the premises, function or conference
rooms, entertainment, dancing, amusement machines, and gambling’.
PAGE 33
The building will contain 30 suites over five floors and will include an ancillary restaurant
on the ground floor with a mezzanine, rooftop bar and gymnasium. A basement car park
with 11 spaces is also provided. The building would comprise a total of 6 above ground
storeys, with a mezzanine floor and basement car park.
The applicant has provided a more detailed overview of the proposal, which is
reproduced below:
The ground floor contains the reception area, manager's office, kitchen,
restaurant and outdoor courtyard. The restaurant (approximately 101sqm Net
Floor Area NFA) is an ancillary land use to the Residential Hotel and will be
used mainly by patrons of the Hotel. Stairs provide access to the mezzanine
level where the restaurant continues and the ancillary gymnasium (approx.
20sqm NFA) is located with views over the courtyard.
Levels 1-5 of the building contains 30 hotel suites. Three room types are
proposed, Room Type 1 (x2), 2 (x 16) and 3 (x12). Refer to TP.23 for detail and
dimensions of the room types. The suites either overlook Bridge Street, or have
vistas of the Bendigo city skyline.
The basement car park will be managed by the hotel parking valet and contains
11 car parking spaces and 8 bicycle racks. A combination of two types of car
stacker systems are proposed, a) the Combilift ‘shuffle stacker’ system (7
spaces) and b) the quadroparker ‘pit stacker’ system (2 spaces). Two tandem
car parking spaces will be provided at grade.
The basement level is designed to allow all vehicles to enter and leave the site
in a forward direction (the lower space of the two level pit stacker system will be
used as a reversing space).
Deliveries (via small trucks or vans) and the arrival of guests, will occur within
the title boundary of the site. All guests that arrive by car will enter the car park
and park in the access way or in the basement level. The valet attendant will
greet the guest and assist with luggage collection then park the car in the
designated area. A Car Parking Management Plan with details of this
procedure can be prepared subject to permit conditions.
The existing crossover will be increased in width from 3m to 5m to provide

appropriate vehicle access to the basement level.
Waste station and a wet services/boiler room are located in the basement.
Waste will be collected from kerbside in front of the subject site. A waste
management plan can be provided subject to permit conditions.
Pedestrian access from basement to the levels above is provided via a lift.
All the existing buildings on site are to be demolished as part of the proposal
and the existing sewer main will be relocated in accordance with the
requirements of the relevant authority.
PAGE 34
In terms of the design and materials, the architecture is said to have been influenced by
traditional Chinese culture and design.
The materials also seek to align with Bendigo’s Chinese and Victorian cultural heritage.
For instance the façade materials proposed include latticed polychrome brickwork
punctuated with opening which purport to represent Chinese cabinetry. Figure 2
diagrammatically demonstrates the design thought process.
Plan extracts
Figure 2: Design evolution
PAGE 35
Figure 3 – Proposed site plan
Figure 4 – Basement plan
Figure 5 – Ground/mezzanine floor
PAGE 36
Figure 6 – Typical Floor plan (levels 1-5)
Figure 7 – Rooftop plan
PAGE 37
Figure 8 – Streetscape
Figure 9 – Section
PAGE 38
Figure 10 – West / Bridge Street elevation
PAGE 39
Figure 11 – East / Joseph Street elevation
PAGE 40
Figure 12 – CGI from Bridge Street
Figure 13 – CGI from Joseph Street
PAGE 41
Figure 14 – Design detail
The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework (SPPF)

• Clause 10.01 Integrated decision making
• Clause 11.14-3 A diversified economy
• Clause 13.02-1 Floodplain management
• Clause 15 Built environment and heritage
• Clause 15.01-1 Urban design
• Clause 15.01-2 Urban design principles
• Clause 15.03-1 Heritage conservation
• Clause 15.03-2 Aboriginal cultural heritage
• Clause 17.01-1 Business
• Clause 17.03-1 Facilitating tourism
Municipal Strategic Statement (MSS) and Local Planning Policy Framework (LPPF)
• Clause 21.02-3 Economic development (commercial expansion)
• Clause 21.04-2 Strategic framework plans
• Clause 21.07-2 Activity centres
• Clause 21.07-7 Tourism
• Clause 21.10 Reference documents
• Clause 22.06 Heritage Policy
PAGE 42
Other Provisions
• Clause 34.01 Commercial 1 Zone
• Clause 43.01 Heritage Overlay
• Clause 43.02 Design and Development Overlay (DDO) and Schedule 21
• Clause 44.04 Land Subject to Inundation Overlay (LSIO) and Schedule 1
• Clause 45.09 Parking Overlay Schedule 2
• Clause 52.06 Car parking
• Clause 52.29 Land adjacent to a Road Zone, Category 1.
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
Powercor No objection subject to conditions being incorporated
into the planning permit
Coliban Water No objection subject to conditions being incorporated
VicRoads No objection subject to conditions being incorporated
North Central Catchment No objection subject to conditions being incorporated
Management Authority into the planning permit
(NCCMA)
Country Fire Authority No objection and no conditions to be included
Traffic & Design No objection subject to conditions being incorporated
Drainage No objection subject to conditions being incorporated
Parking No objection
Heritage The proposal is not supported
Public Notification
The application was advertised by way of notice on the front of the site and letters posted
to seven adjoining and nearby owners and occupiers.
As a result of advertising, four objections were received, with the key grounds of
objection being:
• Reduction of car parking will impact surrounding businesses;
PAGE 43
• Impact on businesses during construction, i.e. noise, vibration, vehicles / plant

occupying spaces, safety;
• Size and scale of the proposed building;
• Overshadowing and impact on future solar panels;
• Appearance of the building is unsuitable;
• Lack of information or justification to support demolishing the existing house.
Discussion at the consultation meeting primarily focused on the height of the building,
potential car parking problems and impact on existing businesses. The applicant stated
that the traffic impact assessment was completed by an independent traffic expert and
that many of the concerns in regard to construction activities could be mitigated with a
Construction Management Plan. No objections have been withdrawn.
Other matters raised in the objections are discussed further in the Planning Assessment
section of the report.
Planning Assessment
Strategic and Local Policy Considerations
The most relevant clauses of the SPPF to this application are outlined below:
Clause 10.01 Integrated decision making - Planning authorities and responsible

authorities should endeavour to integrate the range of policies relevant to the issues to
be determined and balance conflicting objectives in favour of net community benefit and
sustainable development for the benefit of present and future generations.
Clause 11.14-3 A diversified economy - The sole objective of this policy is to strengthen
and diversify the economy.
Clause 13.02-1 Floodplain management - The objectives are to assist the protection of:
• Life, property and community infrastructure from flood hazard
• The natural flood carrying capacity of rivers, streams and floodways
• The flood storage function of floodplains and waterways
• Floodplain areas of environmental significance or of importance to river health.
Clause 15.01-1 Urban design - The objective of this policy is to create urban
environments that are safe, functional and provide good quality environments with a
sense of place and cultural identity.
Clause 15.01-2 Urban design principles - The objective of this policy is to achieve
architectural and urban design outcomes that contribute positively to local urban
character and enhance the public realm while minimising detrimental impact on
neighbouring properties.
Clause 15.03-1 Heritage conservation- The objective of this policy is to conserve places
of heritage significance. Strategies include the need to ensure the maintenance or
enhancement of an appropriate setting and context for heritage
PAGE 44
Clause 15.03-2 Aboriginal cultural heritage - The objective of this policy is to ensure the
protection and conservation of Aboriginal cultural heritage.
Clause 17.01-1 Business - The objective of this policy is to encourage development

which meet the communities’ needs for retail, entertainment, office and other commercial
services and provides net community benefit in relation to accessibility, efficient
infrastructure use and the aggregation and sustainability of commercial facilities.
Clause 17.03-1 Facilitating tourism - The objective of this policy is encourage tourism
development to maximise the employment and long-term economic, social and cultural
benefits of developing the State as a competitive domestic and international tourist
destination.
This clause also includes the following strategies:

"Encourage the development of a range of well designed and sited tourist
facilities, including integrated resorts, motel accommodation and smaller scale
operations such as host farm, bed and breakfast and retail opportunities.
Seek to ensure that tourism facilities have access to suitable transport and be
compatible with and build upon the assets and qualities of surrounding urban or
rural activities and cultural and natural attractions."
Municipal Strategic Statement
The Municipal Strategic Statement is a concise statement of the key strategic planning,
land use and development objectives for the municipality and the strategies and actions
for achieving the objectives. Clauses 21.02-3 to 21.10 listed below are the key policies to
consider when determining this application.
Clause 21.02-3 Economic development - Greater Bendigo’s population is growing and

this means that more employment and services will be required to meet this demand.
The Commercial Land and Activity Centre Strategy 2015 has been prepared by council
to address this growth and to provide a framework for how the activity centres are
planned and developed over the next two decades. Activity centres provide a range of
functions including retail, commercial, community, health, cultural, transport, education,
social, entertainment, leisure and civic services. These roles are vital to community and
business development and to growth and diversification of local employment.
Clause 21.04-2 Strategic framework plans - Council’s key strategic directions for future
land-use planning and development are illustrated by the framework plans. The purpose
of the framework plans is to identify locations where specific land use outcomes will be
supported and promoted. The site is identified as being within the Hospital Precinct and
has an annotation stating ‘mixed use and specialized activity centre
Clause 21.05 Compact Greater Bendigo - This clause introduced the concept of 10
minute neighbourhoods into the planning scheme. A 10 minute neighbourhood is an
identifiable community where people can access many (but not necessarily all) of their
daily needs within a 10 minute walk or cycle trip from where they live.
PAGE 45
The objective of the 10 minute neighbourhood is to create attractive neighbourhoods that

feature well designed residential and mixed use developments, offer a range of housing
choices, convenient access to public transport and activity centres, and have community
and commercial facilities that are highly accessible by a variety of transport modes in
particular walking and cycling.
Clause 21.07 Activity centres - In the hierarchy table of activity centres, the site is within
the Bendigo City Centre which is the top tier. This is the most important retail and
commercial centre for northern and central Victoria. It is Greater Bendigo’s primary
employment area, providing a full range of higher order commercial, retail, visitor, social,
civic, cultural, tourist and entertainment activities.
Within Clause 21.07-4 there is an objective to develop the Bridge Street Activity Area as
a main street destination between the Bendigo City Centre and the Bendigo Hospital
Precinct.
Clause 21.10 Reference documents

• Commercial Land and Activity Centre Strategy (CLACS), November 2015 (updated
January 2017);
• Hospital Precinct Structure Plan, (HPSP), September 2014; and,
• Bendigo CBD Parking Precinct Plan, 2009.
Clause 22.06 Heritage policy has an objective to ensure that new development is
sympathetic with the appearance and character and maintains the significance of
heritage places, including surrounding precincts. The following relevant policy guidelines
are given for new buildings;
• Encourage new buildings that do not adversely affect the significance, character
or
• appearance of the heritage precinct, and are visually recessive
• Ensure that the design of new buildings responds to the context of the heritage
precinct and nearby contributory buildings including scale, height, mass, form,
siting, setbacks and materials
The Hospital Precinct Structure Plan provides a vision and strategic direction for the
precinct around the hospital; key elements of which include revitalising the Bridge Street
Activity Area as a vibrant living and working destination, and establishing a health
precinct providing health care, patient and family support services, and health-related
education and training in the immediate vicinity of the hospital.
The Bridge Street mixed commercial area occupies a strategic location between the
Hospital Precinct and the City Centre that includes an evolving mix of commercial, office,
food and beverage and residential uses. It also connects the northern areas of Bendigo
to the City Centre (p. 13 of HSPS).
The proposal also aligns well with the principles of a 10 minute neighbourhood in that the
hotel and associated facilities will provide employment and leisure opportunities within
walking and cycling distance of existing neighbourhoods.
PAGE 46
The CLACS does not discuss Bridge Street specifically, however, the report
acknowledges that once the Bendigo Hospital re-development is complete, the growth of
supporting businesses in the precinct will be important.
The proposal is very strong from a strategic policy and economic development
perspective and it will facilitate tourism development and help to activate Bridge Street in
line with the vision outlined in the HPSP.
The quality of the architecture of the building accords with the state urban design
principles and the question of design and along with heritage impacts is considered
below. Issues of flooding risk and cultural heritage are also considered below.
Is the proposal an appropriate use and development in the Commercial 1 Zone?
The land is zoned Commercial 1 Zone. The policy has the following purpose statements:
• To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning
policies;
• To create vibrant mixed use commercial centres for retail, office, business,
entertainment and community uses; and,
• To provide for residential uses at densities complementary to the role and scale of
the commercial centre.
The reason that planning approval is required for the use of land for a residential hotel is
because the frontage exceeds two metres in width. Any buildings and works associated
with the use also require planning consideration pursuant to Clause 34.01-4 - Buildings
and works.
The proposed use is appropriate to the zone as it provides for a commercial use in an
existing activity centre. The key considerations in the zone relate to development,
including interfaces, design, amenity and car parking. These impacts are acceptable and
discussed elsewhere in the report
Is the proposal an appropriate design response to the Design and Development

Overlay?
The purpose of the Design and Development Overlay is to implement the State Planning
Policy Framework and the Local Planning Policy Framework, including the Municipal
Strategic Statement and local planning policies; and to identify areas which are affected
by specific requirements relating to the design and built form of new development.
The Hospital Precinct Structure Plan (HPSP) is a policy reference document within the
Schedule of the DDO. Within the objectives section of the HPSP it is stated that ‘Bridge
Street will be transformed into a vibrant mixed-use, high street destination with taller
buildings for new shops, eateries, offices and apartments’ (p. 21). A key strategy
includes supporting the evolution of the Bridge Street area into a main street destination
that is the Precinct’s primary focus for intensive, mixed use development.
Schedule 21 applies to the Bridge Street Activity Area and lists ten design objectives
which are listed and commented on in the table below:
PAGE 47
Design Objective Officer Comment

To establish a main street environment This is the first major development in
and character along Bridge Street Bridge Street since the adoption of the
between Bendigo’s City Centre and the HPSP and could potentially create a
Bendigo Hospital Campus. benchmark for future development in the
area.
To create a high quality activity area to A hotel would be an appropriate
provide goods and services to support complementary service to the hospital and
and complement the hospital, and to workers. The restaurant and bar will
support the convenience needs of the provide amenities for both workers and
local residential and working population. residents.
To encourage more intensive and well- The development can be described as
designed mixed use forms of intensive and is mixed use.
development.
To avoid the underdevelopment of land The proposal could not be described as an
in the Bridge Street Activity Area. underdevelopment of land.
To ensure that building design meets The building design is considered to be of
contemporary needs, is of a high high architectural quality.
architectural and urban design
standard, and is suitably scaled,
designed and adaptable to
accommodate a range of mixed uses.
To achieve appropriately designed Building height and setbacks are
development that is consistent with the discussed below.
building heights, setbacks and design
outcomes of this schedule.
To enable varying building heights and This is the first new building to be built
forms to avoid the effect of a continuous after the adoption of the HPSP.
wall of buildings along Bridge Street.
To maintain the amenity of adjacent The nearest residential zone is 47m from
residential areas. the site at its closest point. It is therefore
unlikely that residential amenity will be
significantly affected.
To ensure new development is There are nearby heritage places and the
complementary to heritage buildings impact is discussed below.
and precincts.
To ensure development contributes to The only adjoining public space is the
the amenity, safety and pedestrian use footpath at the front of the site. The
of adjoining public space. development will help to activate Bridge
Street through increased pedestrian
activity.
In addition to design objectives, DDO21 has specific buildings and works requirements.
These are discussed below:
PAGE 48
Building height:
Building heights and other requirements were formulated through the detailed structure
planning undertaken in the hospital precinct. This led to the preferred building heights
outlined in DDO21 where it is stated that new buildings should comply with the applicable
preferred building height. The preferred building heights for the Bridge Street Activity
Area are shown in figure 15.
The site is located in the H4 area which encourages a 16-20 metre preferred height. The
proposed wall height fronting Bridge Street is 21.86 metres with a maximum total height
of 25.65 metres to the apex of the roof.
PAGE 49
Figure 15 – Building height
The proposal therefore exceeds the preferred building height by 1.86m at the street
frontage with the apex of the roof exceeding the preferred height by 5.65m.
DDO21 has the discretion to vary the preferred building height and requires the applicant
to provide a site analysis and written report which documents how the development will
achieve the design objectives of DDO21.
PAGE 50
The applicant has provided a detailed justification for why they believe it is acceptable to
exceed the preferred height. Their reasons include:
• The location of the site in the LSIO results in a higher floor level than would otherwise
be required;
• The design is of high architectural quality;
• The boutique accommodation will attract visitors to the precinct;
• The development will help establish the ‘main street’ environment sought by the
HPSP;
• The rooftop section will generally not be visible from the street;
• The proposed minor variation to the height will not undermine the intent of the HPSP.
It is considered that the applicant has adequately justified why the preferred building
height should be varied.
Furthermore the applicant has advised that any reduction in building height would make
the development economically unviable due to the cost of developing such a constrained
site, particularly with a basement car park.
Floor height:
DDO21 states that floor to floor heights should support the flexible use of interior spaces
and achieve a consistency of vertical scale between the floor levels of abutting buildings.
Heights should generally be no less than 3.8 metres for retail and commercial uses and
3.0 metres for residential uses.
The proposed ground floor level is 7.35 metres high (including the mezzanine level)
which complies with this requirement. However, the floor-to-floor heights of Levels 1 to 5
are 2.9 metres. This reduced height of 100mm is considered minor in nature and a
reasonable variation given the use of those floors for accommodation purposes.
Building frontages and setbacks:

DDO21 state that buildings in a Commercial 1 Zone should not include side setbacks
unless a pedestrian or service laneway, or protection of a heritage place, is required. Any
part of such a building higher than 9 metres should be setback from the side boundaries
to provide opportunities for outlook, amenity, privacy and development potential relative
to the abutting property.
The building will be situated on the front title boundary and allow an active frontage to
Bridge Street which aligns with the above requirement. The north and south east walls
will be entirely built on the property boundary which is in compliance with the side
setback requirement.
Active frontage:
The ‘primary active frontages’ requirement states that a minimum of 80 per cent of the
building frontage is to be activated. The plans illustrate an approximate active frontage of
50%. Due to the lot constraints and the provision for vehicular access into the basement,
the reduction in active frontage is considered reasonable.
PAGE 51
General design:
The following provisions have been extracted from the ‘general design’ section of DDO21
and are applicable to this proposal:
• At first floor level and above, building facades should be articulated in a sympathetic
and considered response to the scale, form and detailing of other buildings in the
locality, in particular those with immediate visual connection to the subject site;
• Buildings with long continuous facades exceeding 10 metres should be divided into
smaller vertical sections using variation in wall articulation, openings and windows,
blank wall areas, materials and colours;
• Building forms should be simple, well-proportioned and comprise high quality details
such as window frames and articulated entries;
• The introduction of mock-heritage building forms and detailing should be avoided;
• Rooftop plant and services design should be integrated with the building and not
visible from streets, public open spaces and secluded private open space areas.
The design of the building is considered to be consistent with the majority of the above
provisions. The one component of the design that does need further refinement is the
flank facades. As shown in figure 16 there is only limited articulation. It is acknowledged
that both façades are likely to be built out at some point in the future. However that could
be a number of years away so the facades need to make a better presentation to the
area in the short to medium term. A condition is therefore recommended in order to
address this shortcoming in the design.
PAGE 52
Figure 16 Flank façade
Weather protection:
New buildings must be designed to provide a permanent form of weather protection,
such as a verandah, awning or canopy, over the pavement of the adjoining public space.
Multiple balconies are proposed over the pavement of the adjoining public space which
will provide permanant weather protection.
Access:
The proposal complies with the access requirements. The site is not provided with side
or rear access opportunities. The vehicle access to the site from Bridge Street is
designed to avoid conflict with pedestrians and other vehicles, and to minimise visibility
from the street.
Parking:
Car parking should not be visually prominent and must be located at the rear of a site, or
in a basement or undercroft section of a development.
The proposal includes a basement level car park that will accommodate up to 11
vehices.
PAGE 53
As documented above there are a number of design elements that do not meet the
guidance outlined in DDO21, notably the preferred building height, floor-to-floor height
and the active frontage width.
Whilst there are variations to the DDO, it is considered that the proposal in its entirety
meets the design objectives of the DDO. The new building and business will help
establish Bridge Street and encourage more intensive and well-designed mixed use
forms of development. The building design is of high architectural quality that has tried to
create a design that reflects the character of Bridge Street and the cultural heritage of
Bendigo. Furthermore it will set a high quality template for future developments in the
Bridge Street Activity Area.
Is the proposed car parking provision acceptable?
The site is subject to Parking Overlay Schedule 2 which applies to the Bridge Street
Activity Area and Health Precinct. The purpose of the Parking Overlay includes the
facilitation of an appropriate provision of car parking spaces in an area; to identify areas
and uses where local car parking rates apply; and to identify areas where financial
contributions are to be made for the provision of shared car parking.
The Parking Overlay operates in conjunction with clause 52.06 Car parking. Both the
schedule and clause 52.06 specify the number of parking spaces required for particular
uses. However neither clause prescribes a car parking rate for the use of land as a
residential hotel. In these circumstances the provision of car parking spaces must be to
the satisfaction of the responsible authority.
The proposal is providing 11 car parking spaces in a basement car park accessed from
Bridge Street.
The applicant engaged MGA Traffic, a specialist traffic engineering and transport
planning consultancy, to carry out a traffic and transport impact assessment, which
included a Car Parking Demand Assessment. The key conclusions of the report are:
• The proposed supply of 11 spaces is considered to be appropriate having
regard for the likely car parking demands generated by the proposed use and
the nature of the hotel business.
• The proposed 8 bicycle spaces exceed the statutory requirements and is
expected to encourage staff of the site to ride to work.
• The proposed parking layout is expected to operate in a safe and efficient
manner having regard for the intended valet parking arrangements.
• The site is expected to generate 3 vehicle movements in any peak hour and 33
daily.
• There is adequate capacity in the surrounding road network to cater for the
traffic generated by the proposed development.
• The car parking demand for residential hotels in the order of 0.2-0.4 spaces per
occupied room.
The last bullet point is the most critical element to consider. This figure was based on
data from a widely used national traffic assessment document called Guide to Traffic
Generating Developments.
PAGE 54
It is assumed, but not confirmed, that this figure is based on metropolitan data. The
parking demand for accommodation in a regional setting is inevitably going to be greater.
The City’s previous experience of reviewing car parking assessments for short term
accommodation use in central Bendigo has generally found that peak demand for car
parking falls on the period from Friday night to Sunday evening. There is less demand
mid-week, due to lower occupancy rates in the order of 60 to 70% for hotels/motels. This
being the case it is likely that parking impacts are more likely to occur at weekends
where there is more capacity to accommodate on-street car parking.
Other reasons why the parking demand might be reduced include:

• Accessibility of the hotel to the Bendigo CBD;
• Availability of public transport;
• Some guests will arrive by shared vehicle.
Notwithstanding the comments above regarding the actual demand of the development,
officers are of the view that generally speaking the findings of the MGA Traffic report are
sound.
Consequently, whilst there may be times when on-street parking is needed, the provision
of 11 car parking spaces is likely to be adequate enough to support the majority of the
parking needs for the business. It is unlikely that any overspill parking will create an
unacceptable impact on parking supply for surrounding businesses or the residential
amenity of the area. This view is supported by comments by the City’s Parking team
who have not raised any concerns regarding the parking provision.
The car parking provision is therefore considered to be to the satisfaction of the

responsible authority.
Is it reasonable to seek a financial contribution in lieu of car parking?
The Parking Overlay Schedule enables the responsible authority to accept a financial
contribution in-lieu of one or more car parking spaces being provided on-site which would
be put toward the construction of public car parking facilities. The current cash-in-lieu
contribution that is scheduled in the Parking Overlay is $10,672.47 per space.
The applicant has not offered a contribution, providing the following grounds:
The expert advice provided in the Transport Impact Assessment demonstrates
that the number of onsite car parking should be sufficient given the nature of the
boutique hotel, and that there will be no overflow car parking impact on the street
or in surrounding public car parking areas. In addition, there is no specified car
parking rate provided for a Residential Hotel under the car parking provisions of
the Scheme. On this basis, it is submitted that financial contribution towards
parking is not required for the proposed development.
As the parking provision on site is supported on the basis that there will be a modest
overspill onto surrounding streets, officers do not agree with the applicant’s assertion that
all parking will be provided on-site and therefore no financial contribution is required.
PAGE 55
In order to ensure that a consistent approach is taken for financial contributions for car
parking, a review of similar recent planning applications for hotel/motel accommodation
in the CBD was undertaken and summarised in the table below. In the examples listed,
the applicants’ analysis had concluded that the demand was not fully met on site.
Site No. of Spaces Spaces provided Contribution sought

rooms provided per number of
rooms
Shamrock Hotel 9 0 0 Yes for 2 spaces
12-14 Myers Street 37 16 0.43 Yes for 2 spaces
38 Bridge Street 30 11 0.36 TBC
It is accepted there is only limited analysis available to determine the precise contribution
that should be levied and that it is not an exact science.
A contribution broadly in line with the approvals listed above would equate to $21,344.94.
This figure would be secured by a condition on the permit.
In terms of public parking facilities that the contribution may be used for, the HPSP
identifies a site for a potential multi-storey car park (Figure 17) on nearby Water Street.
It is acknowledged however that this project has not yet been programmed to be
delivered.
PAGE 56
Figure 17 – Land Use Structure Map
Access to the site and car park layout
The purpose of clause 52.29 is to ensure appropriate access to identified roads; and, to
ensure appropriate subdivision of land adjacent to identified roads.
The site abuts Bridge Street which is an arterial road and under the management of
VicRoads. The application was referred to VicRoads and there was no objection to the
proposal subject to conditions being incorporated into the planning permit.
In terms of the car park layout and design, it is proposed to provide 11 basement car
parking spaces which will include car stacker facilities.
The City’s Traffic Engineer initially raised some concerns regarding the gradients of the
ramps and the functionality of the stacker facilities. One of the objectors had similar
concerns.
PAGE 57
Clause 52.06 has specific design standards regarding ramp gradients and mechanical
parking. The applicant subsequently made some revisions to the plans and confirmed
that parking for visitors will be undertaken by a valet, trained in the use of the stackers.
To ensure that the car park will function correctly, it is proposed to impose a condition to
ensure that the design of the ramps and stacker facilities are in accordance with the
standards in clause 52.06.
Heritage impacts
Whilst the subject site is not a heritage place, any impacts that developments have on
nearby heritage places must be considered as part of the planning assessment.
The site is proximate to the following heritage places:

• HO866-37-45 Bridge Street, Former Cohn Brothers Ice Works and Brewery (opposite
the site);
• HO867-49 Bridge Street, Bridge Hotel (opposite the site);
• HO999- 105 Baxter Street, Miners Cottage (30-40m east of the site);
• HO2- Baxter Street Heritage Precinct (70m from the periphery of the precinct).
The City’s Heritage Advisor is concerned that the proposal will have a direct impact on
the Bridge Hotel and will be visible from nearby heritage precincts streets.
The two aspects that the Heritage Advisor considers will have a detrimental impact on
heritage values are:
• Height of the building in comparison with Bendigo’s significant buildings in the Civic
precinct and nearby residential heritage precincts and;
• Design of the flank elevations being sheer and blank.
The Heritage Advisor is of the view that if buildings of this scale are to be encouraged,
adjacent to the historic civic precinct, a design which has four storeys presenting to the
street with floors 5 and 6 being stepped in all sides would be more appropriate.
As is acknowledged above, the building will be very prominent and its height does
exceed preferred height limits for the Bridge Street Activity Area. It is also accepted that
the building will have some impact on heritage places in the area.
Whether the height and its potential impact on heritage places is acceptable, really
comes down to balancing the tension between intensive development that is sought in
areas such as Bridge Street and evident heritage significance that makes Bendigo a
special place.
This balancing of competing interests is a continual challenge in a growing city such as

Bendigo. For instance, the development of the Bendigo Bank building and the
Ulumbarra Theatre caused similar debate in terms of the impact on Bendigo’s built form.
As with the Hospital Precinct, the CBD encourages building heights of up to 20 metres
and up to12 storeys on the Former Crystal Ice and Gillies Pie Factory sites. This
planning direction of more intensive growth will inevitably change Bendigo’s skyline in
relation to many of its heritage landmark buildings and precincts. The key consideration
is therefore; is the impact so significant that it should be refused?
PAGE 58
Officers share the concerns regarding the design of the flank elevations and if a permit is
approved this will need further design work. It is agreed that a better design and heritage
outcome would be achieved if the upper floors were to be stepped in. This could be a
conditional requirement on the permit, but this is not what the applicant has applied for
and a decision should be made on the proposal as submitted as it would require a
substantial redesign. On balance it is considered that the benefits of the proposal
outweigh the impacts on heritage.
Clause 52.34 Bicycle facilities
The purpose of this clause is to encourage cycling as a mode of transport; and, to

provide secure, accessible and convenient bicycle parking spaces and associated
shower and change facilities.
The proposal includes the provision of eight bicycle spaces which exceeds the minimum
requirements. The applicant has stated that the additional spaces are to encourage staff
to ride rather than drive to work.
Is the proposal an acceptable development in terms of flood risk?
Clause 13.02-1 Floodplain management includes an objective which seeks to protect life
and property from flood risk.
The Bridge Street area was identified as being liable to flooding in the Bendigo Urban
Flood Study 2013 and subsequently an LSIO was placed over the site.
The application was referred to North Central Catchment Authority for comment. NCCMA
responded via letter on 8 January 2018 stating no objection to the application subject to
three conditions being incorporated into the planning permit.
Area of Aboriginal Cultural Heritage Sensitivity
The site is within an Area of Aboriginal Cultural Heritage Sensitivity. The applicant
engaged Ecology & Heritage Partners, an experienced cultural heritage consultancy, to
determine if there is a need to prepare a Cultural Heritage Management Plan. The report
stated the following:
In conclusion, the site visit and subsurface testing indicates that there is a very
low likelihood of in situ aboriginal cultural heritage material retained within the
study area. The area has been subject to a high level of disturbance which may
be consistent with the definition of Significant Ground Disturbance.
Consequently, it is our opinion that the study area does not retain cultural
heritage sensitivity according to the definition of the Act and consequently does
not trigger a mandatory cultural heritage management plan.
PAGE 59
Other objector issues
Issue Officer comments

Demolition of existing dwelling Planning permission is not required for
• Application for demolition not included in the demolition of the dwelling,
the application therefore it is not included in the
• No justification for demolition application and there is no
• No application under section 29A of the requirement for the application to
Building Act included justify this.
• Has the demolition been referred to the This application is being considered
Council’s Heritage Advisory Committee under the Planning and Environment
(HAC) Act not the Building Act.
There is no requirement to refer
demolition of dwellings to the HAC.
Demolition assessments are
undertaken by the City’s Heritage
Advisor and no objection to the
demolition of the dwelling has been
raised.
Overshadowing The objector’s business is located to
the east of the subject site. Therefore
any overshadowing will be limited to
late afternoon.
Concerns regarding property damage and These are concerns that are often
risks from asbestos. raised by residents/business.
Disruption of services and construction Obligations in respect of property

impacts damage and asbestos management
are the responsibility of contractors.
A condition will be imposed on the

planning permit for the submission of
a Construction Management Plan
which enables the City to monitor and
enforce the relevant construction
activities.
Conclusion
This is an application in which it is necessary to consider a range of policies and

provisions in order to balance competing objectives in an attempt reach a decision which
will have a net community benefit. Such an approach is fundamental in the Victorian
planning system as documented in clause 10.01 Integrated decision making.
PAGE 60
The objectors have raised legitmate concerns about the size and scale of the building
and some of their other concerns are understandable. There is no doubt that this will be
a prominent building which will be very visible in the local environment. However the
Bridge Street Activity Area is at the start of a transitioning period and a proposal which
promotes Council’s vision for the area with a high quality architectural design should be
supported where it is in general accordance with Planning Scheme requirements.
It is acknowledged that this proposal fails to demonstrate compliance with some

discretionary design requirements of the Schedule to the Design and Development
Overlay, notably the preferred height limit. However the proposal is strongly supported by
numerous State and local policies, the purpose of the Commercial 1 Zone and key
documents such as the Hospital Precinct Structure Plan. As demonstrated in this report,
the non-compliance with preferred design requirements are not fatal to the application.
Currently, the site is underutilised in the context of the vision and objectives for the
precinct. The Hospital Precinct Structure Plan states that Bridge Street will function both
as a thoroughfare for pedestrians, cars, buses and cyclists and also as a destination for
shopping, dining, business and living. For this to occur, the City will need to encourage
new businesses through balanced decision making that will build confidence in the
viability of similar developments.
The potential for impacts on surrounding businesses as a result of greater demand for
car parking spaces is a concern that is commonly raised with commercial proposals of
this nature. In this instance, the applicant has engaged an independent traffic consultant
to demonstrate that the number of car parks provided on site will support the business
and not create adverse pressure to existing on-street parking capacity.
It is concluded that a planning permit should be granted for the proposal as it is in
accordance Planning Scheme requirements.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
• Objections
Proposed Notice of Decision Conditions
1. MODIFIED PLAN REQUIRED

Before commencement of development, amended plans to the satisfaction of
the responsible authority must be submitted to and approved by the
responsible authority. When approved, the plans will be endorsed and will
then form part of the permit. The plans must be drawn to scale with
dimensions and 2 copies must be provided. The plans must be generally in
accordance with the plans submitted with the application but modified to show:
(a) An increase in articulation in the southern and northern facades. This
could include the provision of artwork, green walls and a variation in
colours, materials and embossment of the concrete panels.
PAGE 61
(b) A schedule of materials in accordance with condition 4.

(c) Construction Management Plan in accordance with condition 3.
2. NO LAYOUT ALTERATION
The development permitted by this permit as shown on the endorsed plans
and/or described in the endorsed documents must not be altered or modified
(for any reason) except with the prior written consent of the responsible
authority.
3. CONSTRUCTION MANAGEMENT PLAN

Prior to commencement of works the owner or applicant must submit a
Construction Management Plan (CMP) for approval by the responsible
authority. This plan shall include, but not be limited to:
(a) Measures to help reduce the impact of plant and machinery occupying car
parking spaces that service surrounding businesses;
(b) Hours of demolition and hours of construction;
(c) Techniques and mitigation measures to prevent dust, noise and vibration
nuisance to adjoining businesses;
(d) Works timetable;
(e) Any impacts upon adjacent roads and pedestrian walkways and providing
for adequate movement and circulation of vehicles and pedestrians
adjacent to the land during the construction phase;
(f) Proposed parking and standing locations for construction vehicles and
construction workers vehicles and how parking availability will be
maintained for existing businesses;
(g) Number of workers expected to work on the site at any time;
(h) Techniques to prevent mud and dirt being transported from the site to
Bridge Street;
(i) A site specific plan showing proposed erosion and sedimentation control
works;
(j) The contact details of a person on-site for community enquiries in relation
to amenity impacts.
During construction of works associated with the development, the applicant

must employ and provide the protection methods contained in the CMP to the
satisfaction of the responsible authority.
4. SCHEDULE OF MATERIALS AND FINISHES

Prior to the commencement of the development a schedule of the proposed
colours and finishes to be used for the building shall be submitted to and
approved in writing by the responsible authority.
5. FINANCIAL CONTRIBUTION IN LIEU OF CAR SPACES

Prior to the occupation of the development the applicant or owner must either:
(a) Pay the City of Greater Bendigo the amount of $21,344.94 being
payment-in-lieu of providing 2 car spaces on site; or
(b) Enter into a section 173 agreement to pay the amount of $21,344.94
being payment-in-lieu of providing 2 car spaces by annual instalment, with
the first payment to commence on the first anniversary of the completion
of the development, and subsequent payments to be made over a period
of 3 years.
PAGE 62
6. CAR PARK CONSTRUCTION

(a) Before the occupation of the development, the area(s) set aside for the
parking of vehicles and access lanes as shown on the endorsed plans
must be constructed to meet the following requirements and standards:
i. Properly formed to such levels that they can be used in accordance
with the plans;
ii. Surfaced with an all-weather-seal coat;
iii. Drained;
iv. Line marked to indicate each car space and all access lanes;
v. Clearly marked to show the direction of traffic along access lanes and
driveways to the satisfaction of the responsible authority;
vi. Provided with public lighting;
vii. Provided with disabled persons parking bays where required by the
Building Code of Australia;
viii. All vehicles must enter and exit the site in a forwards direction;
ix. Accessways must be at least 3m wide and have an internal radius of at
least 4m at changes of direction or intersections or be at least 4.2m
wide;
x. All visitor parking must be undertaken by a valet;
xi. Sight lines for pedestrian safety must comply with Clause 52.06-8. In
the event that this cannot be achieved due to obstructions outside the
application site other measures such as mirrors must be provide to
achieve a safe outcome.
(b) The car parking and access areas must comply with the requirements of
clause 52.06 of the Greater Bendigo Planning Scheme and meet all other
applicable Australian and New Zealand Standards unless otherwise
agreed in writing with the responsible authority.
(c) Car spaces, access lanes and driveways must be kept available for these
purposes at all times.
7. VEHICLE CROSSINGS / DRIVEWAYS

(a) The driveway between the property boundary and the kerb must be
constructed in accordance with the Infrastructure Design Manual SD 250.
(b) Any driveway must be 1.0 metre clear of power poles.
8. REFRIGERATION AND AIR CONDITIONING EQUIPMENT

Any equipment required for refrigeration, air-conditioning, heating and the like
must be suitably insulated for the purpose of reducing noise emissions and
must be located so as to not be highly visible from the street to the satisfaction
of the responsible authority.
9. BAFFLED LIGHTING
External lighting must be designed, baffled and located so as to prevent any
adverse effect on adjoining land to the satisfaction of the responsible
authority.
10. NO MUD ON ROADS

In the event of mud, crushed rock or other debris being carried onto public
roads or footpaths from the subject land, appropriate measures must be
implemented to minimise the problem to the satisfaction of the responsible
PAGE 63
authority.
11. CONSTRUCTION PHASE

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

The proposed building and works must be drained to the satisfaction of the
City of Greater Bendigo as the responsible drainage authority.
13. DETAILED DRAINAGE PLANS

Plans to the satisfaction of the responsible authority must be submitted to and
approved by the responsible authority. When approved, the plans will be
endorsed and then will form part of the permit.
The plans must be drawn to scale with dimensions. The plans must include
• Direction of stormwater run-off;
• A point of discharge.
14. CONSTRUCTION OF WORKS

Road works, drainage and other civil works must be constructed in
accordance with the City of Greater Bendigo Infrastructure Design Manual and
plans and specifications approved by the responsible authority and must
include:
• Underground drainage.
15. PUBLIC ASSETS

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

The use permitted by this permit must not, in the opinion of the responsible
authority, adversely affect the amenity of the locality by reason of the
processes carried on; the transportation of materials, goods or commodities to
or from the subject land; the appearance of any buildings, works or materials;
the emission of noise, artificial light, vibration, smell, fumes, smoke vapour,
steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence
of vermin, or otherwise.
17. GENERAL AMENITY

The use permitted by this permit must not, in the opinion of the responsible
authority, adversely affect the amenity of the locality.
PAGE 64
18. VICROADS
(a) All vehicular access to the subject land must be left-in, left-out only.
(b) Prior to the development hereby approved by this permit commences use
on the subject land:
i. Two (2) no entry signs must be installed on the central median facing
the subject land to reinforce egress is left only.
ii. The existing crossover and access must be upgraded to be a minimum
of 5.5 metres wide and must be constructed and sealed to the
satisfaction of and at no cost to the responsible authority.
(c) The loading and unloading of goods or services for the subject land must
not occur on Bridge Street.
(d) All works must be at no cost to the Roads Corporation.
19. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY

(a) The finished floor level of the proposed development must be constructed
a minimum of 300 millimetres above the 1% AEP flood level of 210.9
metres AHD, i.e. no lower than 211.2 metres AHD.
(b) All entry points to the building including lifts, vents and drainage systems
must be designed to ensure floodwaters do not enter the basement.
(c) Entry to the basements with finished floor levels at or below the 1%AEP
flood level must incorporate a continuous apex that is at least 200
millimetres above the 1% AEP flood level of 210.9 metres AHD, i.e. no
lower than 211.1 metres AHD.
20. COLIBAN WATER

(a) The applicant or owner is required to reach agreement with Coliban Water
for the provision of reticulated water supply and sewerage services for the
Hotel Development including where necessary, and amendments required
for provision of and/or amendments to sevices for the existing
buildings/properties affected by the proposal and comply with any
requirements arising from any effect of the proposed development on
Colban Water assests.
(b) If a sewer mains extension is required for the provision of sewerage
services, it must be finalised in accordance with Coliban Water’s
Developer Installed Works process.
(c) All Coliban Water assets within the development site, both existing and
proposed, are to be protected by a Registered Easement in favour of
Coliban Region Water Corporation.
(d) The private property service drain from the hotel development must be
separately connected to a sewer main.
(e) Coliban Water requires the water meter to be in an accessible location
adjacent to the street frontage.
(f) Applications through our Consent to Connect Process are required prior to
any property drain or water supply service being amended and/or
connected to Coliban Water assets.
(g) All private works for water supply and sanitary drainage must be
constructed in accordance with AS3500 National Plumbing and Drainage
Code of Australia and the requirements of Coliban Water.
(h) The applicant or landowner is to provide evidence to the satisfaction of
Coliban Water for private drains and water services including any
PAGE 65
amendments for the adjacent properties which may be requried.

(i) Coliban Water will require evidence in the form of a letter or statement
from a registered and licenced plumbing contractor, and a copy of the
Victorian Building Authority Compliance Certificate including “As Built”
plans for sanitary plumbing and drainage services constructed for this
development which must verify that services do not cross existing title
boundaries.
21. PERMIT EXPIRY DATE

This permit will expire if one of the following circumstances applies:
(a) The development is not started within 2 years of the date of this permit;
and/or
(b) The development is not completed within 4 years of the date of this
permit.
In accordance with section 69 of the Planning and Environment Act 1987, an

application may be submitted to the responsible authority for an extension of
the periods referred to in this condition.
PAGE 66
Wellbeing and Fairness - Reports Ordinary Meeting - 18 July 2018
3. WELLBEING AND FAIRNESS
3.1 ADOPTION OF THE GREATER BENDIGO PUBLIC SPACE PLAN

JULY 2018
Author Mark Stubbs, Senior Strategic Planner
Purpose
The purpose of this report is to provide an overview of the public display and
engagement process for the draft Greater Bendigo Public Space Plan, to explain
outcomes of this process including recommended changes to the draft Plan, and to seek
Council adoption of the revised Plan.
The Report also outlines progress regarding the development of an Implementation

Framework to support delivery of the Plan as well as a recommended approach to
advance and complete this.
Summary
The Greater Bendigo Public Space Plan outlines a 50-year vision and strategy for
shaping the future of public space in our municipality.
The project has reached its fourth and final stage, entailing the public display of a draft
version of the Plan with a supporting program of engagement, as well as the
development of a preliminary Implementation Framework.
Various changes to the draft Plan are recommended in response to public feedback,
including twenty written submissions, received during the display period. The
engagement process has indicated broad support for the Plan overall and the major
strategies and actions of the Plan remain principally unchanged. It should be noted that
the adoption of the Plan will repeal both the Open Space Strategy 2005 and Play Space
Strategy 2009-2014.
The development of an Implementation Framework has been progressed to preliminary

draft status. However following discussion with the Project Steering Group and
Community Reference Group it was recommended that a more comprehensive
engagement approach be utilised to maintain the existing positive momentum of
involvement in the Plan and continue to build the understanding and awareness of the
Plan. This approach will be particularly useful for the Precinct Plans in establishing
priorities and timing of infrastructure as well as ensuring the Plan is firmly embedded into
the organisation prior to the next budget cycle.
PAGE 67
RECOMMENDATION
That Council resolve to:
1. Adopt the Greater Bendigo Public Space Plan, July 2018.
2. Repeal the Open Space Strategy 2005 and Play Space Strategy 2009-2014.
3. Notify submitters of Council’s decision and provide written advice regarding how
submissions were considered in the review of the draft Public Space Plan.
4. Progress the Implementation Framework with an integrated process of intra-

organisational and cross-organisational consultation and local community
engagement.
5. Submit the Implementation Framework for Council consideration by December 2018.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Goal 2 Wellbeing and fairness
Objective 1.5 Promote positive wellbeing across the Greater Bendigo community
2017-2018 Action Complete the Public Space Strategy and commence implementation
Regional Strategic Plan Reference:
Principle 6 of the Loddon Mallee South Regional Growth Plan - Protect and enhance our
natural and built environment – is strongly supported by various strategies within the
draft Public Space Plan.
Rural Communities Strategy (Issues and Impacts):
The rural communities of Greater Bendigo, in particular the small towns, are reflected in
the Plan. Recommendations are provided for each town precinct, drawing on a range of
sources including Community Plans, other relevant strategies and the broader objectives
of the Plan. The public display process provided the opportunity for small towns public
space recommendations to be reviewed and developed further through direct local
involvement.
PAGE 68
The Greater Bendigo Public Space Plan outlines a 50-year vision and strategy to shape
the future of public space in our municipality. It has been developed to guide the
coordinated planning, design, use and management of the city’s public spaces in the
interest of supporting the broader objective of our city’s liveability. The broad direction,
strategies and actions contained within the Plan reflect a two and a half year process of
research, analysis and conceptual visioning over four main project stages, each of which
has entailed a high level of consultation.
The Plan replaces the 2005 Open Space Strategy and the 2009-2014 Play Space
Strategy.
The project has reached its fourth and final stage – the public display of the draft Plan,
the review and finalisation of the Plan in response to community comment and the
development of an implementation framework to guide the Plan’s delivery.
Stage one, completed in August 2016, sought to provide a comprehensive understanding

of the major strategic public space issues of our city, and did so through a process of
wide-ranging consultation, research, analysis and documentation. The Greater Bendigo
Public Space Plan - Strategic Context and Issues Report was the product of this stage.
The second stage of the project had a very different goal – the creation of a conceptual
vision for public space in Greater Bendigo, looking ahead 50 years. In October 2016, the
community and agencies were invited to contribute to the development of the conceptual
vision via a 2.5-day workshop and online survey. The draft conceptual vision which
emerged was developed further then released for public comment in January-February
2017. The Greater Bendigo Public Space Plan – A Conceptual 50-year Vision was
endorsed by Council in April 2017.
Stage three focussed on the development of a draft version of the Plan itself.
Oversight of the development of the Plan has been provided by a Steering Group made
up of representatives of the City of Greater Bendigo (three Councillors and four
Directors) and of several key government and other organisations, as well as a
community-based Reference Group of residents from various parts of the municipality
with wide-ranging interests in public space. Specialist peer advice to the project is being
provided by the Victorian Design Review Panel of the Office of the Victorian Government
Architect.
Previous Council Decision Date(s):
September 2015 – Council workshop / briefing to discuss and agree on the scope of the
Public Space Plan project.
August 2016 – Endorsement of the draft Strategic Context and Issues Report and
Summary Report as a sound basis to progress the project and approval to release the
report for public comment.
December 2016 – Approval to continue community engagement for the project, including
release of the Conceptual Vision for public comment.
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April 2017 – Endorsement of the Conceptual Vision for the Greater Bendigo Public
Space Plan and associated public notification. Begin to prepare the draft Public Space
Plan.
March 2018 – Endorsement of the Draft Greater Bendigo Public Space Plan for public
display.
Report
For a period of six weeks between 23 March to 4 May 2018 the draft Plan was placed on
display and supported by a program of engagement (see Table 1 and Public Display and
Engagement Report) to provide the opportunity for stakeholders, including the general
community and various agencies and groups, to be aware of the Plan and to contribute
input to its further development and refinement.
Table 1 - Summary of community engagement activity related to the public display

of the draft Public Space Plan
Type of Engagement Activity

• 1,500+ page views
Project webpage
Public display venues
(copies of draft Plan
Summary Guide, • 60 locations across the municipality
Bulletins and A1 Precinct
Plans)
• 15 venues across the municipality (11 urban area, 4
Listening posts rural townships)
• Over 250 participants
Online survey • 29 respondents
• 1,500 printed copies distributed
Community bulletins
• Available online
(no. 4)
Email promotions • 1,100+ recipients
Media coverage • 1 media release, 1 television segment
• Sessions covering various agencies, committees and
groups:
- Advance Heathcote Inc.
- Be.Bendigo
- Bendigo Heritage Attractions
External presentations
- Bendigo Tourism Board
and/or discussions
- Coliban Water
- Country Fire Authority
- Department of Environment, Land, Water and
Planning
- Department of Health and Human Services
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- Elmore Progress Association

- Heritage Advisory Committee
- Sustainable Environment Advisory Committee
- Marong Community Action Group
- Municipal Fire Management Planning Committee
- North Central Catchment Management Authority
- Redesdale and Mia Mia Progress Association
- Disability Inclusion Reference Committee
- Parks Victoria
- Public Transport Victoria
- Rural Communities Committee
- Sport and Recreation Victoria
- Sustainable Environment Advisory Committee
- Youth Advisory Committee
- VicRoads
Submissions / written
comments (by letter or 20 received
email)
Peer review by the Design Review Panel of the Office of the Victorian Government
Architect was provided for this stage of the project. The Panel’s recommendations are
contained in the Design Review Report.
Response to the draft Plan and recommended changes
The engagement process has indicated a broad level of overall support for the Plan.
Feedback from participants in all forms has been considered and a number of changes
to the Plan stemming from comments and submissions are recommended. These
changes principally relate to clarifications, corrections and enhancements of strategies
and actions, as described in the Public Display and Engagement Summary Report. The
broad directions of the Plan remain unchanged. A revised version of the Greater
Bendigo Public Space Plan (July 2018) which reflects all changes and is presented for
Council consideration for adoption.
Recommended changes have been considered and endorsed by the project Steering
Group and Community Reference Group, as well as the Executive Management Team.
Development of an Implementation Framework
Concurrent with the public display period, a preliminary Implementation Framework was
developed to support the Plan. At this stage the Framework is complete as a preliminary
draft, however consultation is required to refine and agree on the implementation
recommendations (for example, specified timelines for actions), as well as to strengthen
support and ownership related to the delivery aspects of the Plan. The consultation will
include relevant units of the organisation, a range of external organisations and the
community. Planning of this process is to be carried out in more detail, however will
include the following major aspects:
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• Consultation with units of the organisation with a role in implementing the Plan to
confirm awareness of relevant strategies and to confirm the nature and suitability of
actions, including leadership responsibility and timing.
• Consultation with representatives of agencies identified (provisionally) as having
either a lead or supporting role in the implementation of actions.
• Consultation with the local community for each of the 24 precincts covered by the
Plan (noting that selected precincts may be combined due to synergies and/or
efficiencies).
A recommendation to progress the development of the Implementation Framework

according to this more integrated and broadly consultative approach was endorsed by
the Steering Group, Community Reference Group and Executive Management Team.
Priority/Importance:
High priority – the 2005 Open Space Strategy and 2009-2014 Play Space Strategy are
both overdue to be replaced by a contemporary strategy.
Options/Alternatives:
Council has the option of adopting the Public Space Plan as presented, or with any
changes or clarifications that it determines are required. The option is also available not
to adopt the Plan.
Timelines:
The Greater Bendigo Public Space Plan project commenced in November 2015 and was
due to be completed and with implementation commenced by June 2018.
Progress:
The project will be completed in time for Council to meet its Community Plan
commitment of the 2017/18 financial year.
Risk Analysis:
Certain strategies of the Plan may be regarded by some as sensitive or controversial.

For example, recommendations in relation to the urban area and forest interface, or
those related to the identification of some existing public spaces for investigation/review.
It is essential that communications on these topics explain the high level nature of these
strategies and that in most cases, progressing the recommendations will be subject to
more specific analysis and community consultation.
Internal and External Consultation:
As described previously and in Attachment 2.
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Next Steps
The priority is to plan and develop the Implementation Framework. The target timeframe
to complete this work is six months, with the aim to provide an Implementation
Framework for Council adoption by December 2018.
Resource Implications
Budget Allocation in the Current Financial Year: $18,000
External Funding Sources: None.
Projected costs for future financial years:
No further substantial costs are associated with the completion of the Implementation
Framework.
Cost estimates associated with the strategies of the Public Space Plan have not yet been
prepared, however the completion of cost estimates is specified as an action. The broad
nature, and sometimes large scope, of strategies means that cost estimates will be high
level and indicative only.
Attachments
1. Design Review Report, Office of the Victorian Government Architect, June 2018
2. Public Display and Engagement Summary Report, July 2018
3. Greater Bendigo Public Space Plan, July 2018 (parts A & B) (separate documents)
PAGE 73
3.2 TRANSFORMING THE CITY CENTRE UPDATE
Author Philip DeAraugo, Senior Strategic Planner

Director
Purpose
To present the revised Transforming the City Centre Action Plan for Council’s
consideration and provide a progress report on actions that have commenced
implementation.
Summary
The Transforming the City Centre Draft Action Plan was prepared following two Retail
Roundtable discussions in 2017 and released at a third Roundtable in February 2018.
The Draft responds to the challenges that Bendigo’s City Centre is facing, particularly
around the retail sector where there has been a significant shift in the way that people
shop and the things that they buy, resulting in a number of vacant stores in and around
the high rent area of Hargreaves Mall. This is not unique to Bendigo, however, when
combined with the rise in anti-social behaviour that we are witnessing in Mitchell Street
and Hargreaves Mall, the cumulative impact has been significant and the need for a
multi-disciplinary approach is required.
While the City cannot directly influence the structural changes that the retail sector is
experiencing, or address all of the societal issues that have led to the increase in anti-
social behaviour, the City does have a role to play in implementing actions that will get
more people more often into the City Centre. We already have a number of broader
strategic actions that will assist in the longer term, such as supporting inner city mixed
use development, ensuring our car parking system is operating as efficiently as possible,
and hosting large scale events that appeal to visitors and locals alike. However, the
focus of the Transforming the City Centre Action Plan is on relatively short term actions
that can be implemented by the City and its stakeholders that will result in more people
more often in the City Centre. The Draft Action Plan was tested with many of these
stakeholders prior to being released for a period of community comment. As a result we
have received fourteen submissions. These have been reviewed and the Action Plan
updated, with two new actions included.
RECOMMENDATION
That Council adopt the updated Transforming the City Centre Action Plan.
~~~~~~~~~~~~~~~~~~~~~~~~~
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Policy Context

Goal 2 Wellbeing and fairness
Objective 2.5 Create safe and resilient communities
Goal 3 Strengthening the economy

Objective 3.1 Support our local businesses and industry to be strong, vibrant and
to grow and develop
Goal 4 Presentation and managing growth

Objective 4.4 Keep Greater Bendigo attractive with good quality public facilities
and places
Goal 6 Embracing our culture and heritage

Objective 6.1 Celebrate our unique heritage
Strategy Reference:
The Bendigo CBD Plan 2005 has been the primary ‘place based’ strategy which has
provided the vision for the City Centre. If you could distil the essence of the Plan into
one sentence it would be ‘to attract more people to the City Centre for longer’. The
Plan’s actions have been substantially implemented; however its focus has always been
on creating the right policy and planning framework to facilitate the types of development
that we are now starting to see from our architects and developers (who are the primary
audience of the Plan). Since its creation, additional issues, constraints and opportunities
have been identified. These will be addressed during the update of the Plan that will
commence in the first part of 2018/19.
The Bendigo CBD Parking Strategy 2008 investigated the complex and emotive issue of
parking supply and demand. The Strategy is centred on the City’s commitment to
transitioning to a sustainable ‘movement’ network where people can move around easily
by foot, bicycle, public transport or private vehicle. It acknowledges the importance of an
efficient parking system where users pay a premium for convenience (pricing parking to
match demand); that those that create additional demand have an obligation towards
addressing it (demand management strategies as well as adding supply); and in
breaking the nexus between new development and on-site parking (i.e. shared parking
facilities are much more efficient and better utilised, and generally have a better urban
design outcome). This Strategy is also scheduled to be updated in 2018/19.
The Commercial Land and Activity Centre Strategy 2015 provides estimates on the
demand for future commercial floorspace in the Bendigo City Centre up until the year
2031. The Strategy is primarily used by investors and developers as part of their due
diligence process when looking for places to invest. The Strategy indicates strong
demand for new commercial properties (particularly offices) in the future.
Council Policy Reference:

Local Law Number 5 relates to activities in public spaces. This includes specific
requirements for the Hargreaves Mall as well providing the policy framework for the
Outdoor Dining and Street Trading Code of Practice. A review of this local law is
currently underway.
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Regional Strategic Plan Reference:

The Loddon Campaspe Regional Growth Plan includes a number of actions that relate to
promoting the growth of ‘Bendigo - the regional city’. There is a particular emphasis on
growing the Bendigo City Centre.
A REMPLAN Economy analysis indicates that the Retail sector is the second largest
employer in our municipality, employing 5,781 people (12.1 per cent of total
employment). It contributes over $605M annually to Greater Bendigo’s total economic
output of approximately $13.7B.
Focussing on the Bendigo City Centre, we can see that it is a diverse, mixed use
environment that stretches from the Bendigo Station in the south to the recently rezoned
Bridge Street commercial precinct to the north. In 2012, when a comprehensive census
of land use and employment was completed, it found that it was home to over 1,000
businesses and around 11,000 jobs. Approximately 33 per cent of businesses were
retailers employing around 21 per cent of all employees (remembering that this is just in
the City Centre). A further 12 per cent of businesses were identified as food and
beverage businesses providing an additional 11 per cent of jobs. The census also
identified that the Bendigo City Centre is home to approximately 550,000sqm of
commercial floorspace, including 138,000sqm of retail floorspace.
The day to day management of the Bendigo City Centre, from a local government
perspective, is largely focussed on servicing properties and looking after the public realm
(public spaces such as footpaths, roads, parks and reserves). The City employs a
number of staff who are directly involved in the presentation of our public spaces,
however the City does not employ a dedicated staff member to work directly with the
retail sector. A small number of staff have become the key contacts for retailers in recent
years by virtue of this work and the focus on activation of Hargreaves Mall. An internal
Coordination Committee has also now been formed to improve coordination and to clarify
responsibilities and take more of a ‘place based’ approach to the ongoing development
of the Bendigo City Centre.
Report
The Bendigo City Centre elicits a mixed response from the community when they are
asked about it. Results from the Community Plan survey indicated that some people
love the buildings, events and nice parklands, while others comment that it is dreadful
and unattractive. Many comment on the vacant shops and the anti-social behaviour that
has increased in recent times. Some say that parking is too hard to find and that we
shouldn’t spend any more money on the City Centre. There are numerous comments on
the design of the Hargreaves Mall and the need for it to have more shade, colour and
softness. While others comment on the high quality and range of restaurants and cafes
we have that are equal to anywhere in Australia. It is a complex situation and there are
diverse views on what should be done. It is worth noting that similar issues are occurring
in other cities across Victoria and Australia and that there are no ‘silver bullet’ solutions
that are guaranteed to work. Where cities have seen success is where there has been
tailored and coordinated action from a range of stakeholders – government, the private
PAGE 76
sector and the community. The big advantage we have in Bendigo is that we have a
great foundation to build upon, and perhaps more importantly, there is genuine interest
and a willingness to get on and make things better.
The mixed use nature of the Bendigo City Centre and its fragmented ownership have
been seen as issues holding the city back, however they may actually be some of its
strengths in the future. Successful city centres rely on having a diversity of uses that
attract people to them at all hours of the day and evening. Across the western world we
are starting to see large scale shopping centres trying to recreate elements of traditional
town centres in their redevelopments. In central Bendigo we have seen a number of
good small to medium scale developments completed recently that have added flexible,
high quality office spaces and new apartments to the mix. Several more are in the
planning phase or about to start construction. We have also seen significant growth in
the number of restaurants and cafes open in the City Centre in the past decade, and
there have been several new ones open in recent months. Many of these are open well
into the evening and on weekends, and although the permanent resident population is
still small, they are contributing to the evening activity and longer hours of operation.
Despite these positive signs, other parts of the retail sector are clearly not performing as
well as they have in the past or could in the future. Individual businesses themselves
need to ensure they are providing the services and products that customers want, but the
City also has a role to assist them and all other stakeholders (leasing agents,
landowners, etc) to work together to create a ‘retail ecosystem’ that is as efficient,
affordable, adaptable and attractive as possible. We need the City Centre to provide a
compelling retail and entertainment offer and become the destination of choice for locals
and visitors to the region.
Retail Change
We know that people have changed the way they shop and what they are now spending
their money on. Internet shopping has opened up the opportunities to get almost
anything you could need and have it delivered right to your door. It is estimated that
online retail sales are creeping up to around 9% of total retail sales. This, combined with
rapidly advancing digital technology, has seen some physical products completely
disappear from the shelves. Compounding the structural changes that have occurred to
the retail sector is the impact of historically low wage growth. Financial experts believe
that this is now starting to result in a smaller proportion of peoples’ income being
available for discretionary spending.
The retail landscape of the City Centre has also changed. The Bendigo Marketplace
was first established in 1995 and upon opening it had a significant impact on the
traditional retail core. Many ‘main street’ and independent stores found themselves in
direct competition with almost identical national chain stores that were in a shopping
environment that was considered to be more attractive to shoppers. A slightly smaller
impact was felt when the Marketplace expansion opened in 2009. Any further expansion
of the Marketplace needs to be very carefully considered, at least until such time that
population growth and the trading of the commercial core can sustain a further
expansion.
The City Centre’s major retail anchor, Myer, has also changed its focus over the years
and most likely has more floorspace than it now actually needs. Myer has initiated a
fundamental change to its business model and is progressively reviewing their stores
across Australia. In the first year of the implementation of their new strategy they
PAGE 77
reduced their total floorspace by 5.9 per cent. Many people believe the Bendigo store
has lost its pulling power and that it needs to change in response to customer needs.
The presentation of the Myer store, particularly along Pall Mall is also in need of an
upgrade. Discussions with Myer continue, and assist them in understanding the
opportunities that Bendigo presents. We need to be proactive and ensure they consider
not only our population growth and demographic change, but also the rapid increase we
have seen in tourist numbers and their propensity to shop while visiting central Bendigo.
The retail landscape of the broader Bendigo urban area has also changed. We have
seen the planned growth of suburban activity centres such as Epsom and Kennington as
the primary location where people living in these suburbs do their regular supermarket
shopping. This was needed to support the growth of the suburbs, however, it has no
doubt had some impact on the number of times some people visit the City Centre. The
redevelopment and expansion of Lansell Square would also have had an impact,
however its distance from central Bendigo has probably lessened this.
The above issues have all resulted in a very different retail environment to the one that
existed only 10 or 15 years ago. These issues are not unique to Bendigo and there are
many cities around the world where the impacts have been investigated in great detail.
Much of this research suggests that physical bricks and mortar stores still have a strong
role to play, as customers are attracted to the experience that you can only get in-store,
and even more so if it is in a unique heritage building or location, or if the in-store
experience is indeed an ‘experience’ and gives life to a brand. Research highlights that
as many as 80 per cent of customers interact with a brand before they arrive at a store.
Businesses therefore need to think about their digital coverage more so than their actual
physical footprint. The challenge for our traditional shopping precinct is how we can
evolve to meet these challenges where we have several hundred different land owners
and a diverse mix of stores operating in relative isolation to one another (unlike at a
shopping centre, where there is one landowner and a highly structured and managed /
curated tenancy mix and relatively large budgets for marketing).
Antisocial Behaviour
Another issue impacting on the attraction of some pockets of the City Centre relates to
the anti-social behaviour that is present. In recent years this has moved from outside the
Library and Town Hall, to near the Fun Loong play space, to now at the bus waiting area
in Hargreaves Mall and opposite in Mitchell Street. Retailers in these areas report
incidences to the Police when they occur and they respond as best they can, but that is
not a long term solution to the issue. Over the past two years various working groups
have been meeting and working on actions that attempt to take a more proactive
approach with those causing concerns. It is worth noting that when events are on in the
Mall and lots of people are around, the anti-social behaviour tends to dissipate. Getting
the balance between community events and additional opportunities for new commercial
activity in the Mall is the challenge. The primary objective should be that any new things
‘complete, rather than compete’ the offer in the Mall. In short, we need to increase the
number of reasons people want to visit central Bendigo and look at ways to increase
their length of stay.
Engagement of Retail Expert

Addressing the above was the catalyst for engaging an independent retail expert to
review our retail sector and provide advice. In early March 2017, Brian Walker of the
Retail Doctor Group (RDG) spent several days in Bendigo walking the streets and
PAGE 78
meeting traders and visitors. Following on from this visit, the RDG undertook two days of
customer exit surveys, primarily in the Hargreaves Mall, Mitchell Street and Williamson
Street. A further visit from Mr Walker occurred on 5 and 6 April 2017 where he was part
of a Retail Roundtable discussion. The RDG has subsequently made several
recommendations that include ‘quick wins’ that the City can progress, simple
improvements that retailers and landowners can implement; and some longer term
actions that require significant leadership from a broad ranging stakeholder group.
In simple terms, the key thrust of the RDG’s work is that we need to manage the City
Centre more like the way a shopping centre is managed. It is interesting to note that
when the Mall was first completed in the early 1980s it had a dedicated ‘Mall Manager’,
however this is not something local government has traditionally been involved in. In
saying that, there are a growing number of examples where local government has set up
a close working relationship with the private sector to better manage their ‘high street’
shopping centres. Some local governments have committed significant financial
resources, while others have played more of a facilitation role. It really depends on the
unique characteristics of each place and the opportunities present. In many cases a
special rate (of varying degrees) has been implemented to help fund the management
and promotion of a centre. Whichever funding approach is taken, there is growing
evidence that taking a place based approach to the operation of a city centre provides a
very good return on investment and maximises the benefits of the resources that get
directed to a city centre. (Note: the City did trial a Special Rate for the Bendigo City
Centre between 2007 and 2011. When it came time to renew it, there was little support
for it and was therefore decided to not renew it).
Following on from the RDG’s recommendations, a second Retail Roundtable was held
on 4 August 2017. At this meeting, stakeholders spent time discussing and identifying
what the guiding principles, key outcomes, actions and measures of success for
Bendigo’s retail sector should be. There was a significant amount of enthusiasm in the
room and some common themes that emerged. Stakeholders generally agreed that we
want our guiding principles to focus on creating a retail sector that is uniquely Bendigo
that draws on our fantastic heritage. The outcomes that we want generally relate to
creating a great experience for customers and Bendigo becoming a retail destination of
choice. Participants also identified the need to take a collaborative approach and get
some good business and strategic planning in place. This needs to include both short
and long term actions. We need to be very clear on whom we are trying to attract and
why. The measures of success that the group identified ranged from decreases in
vacancy rates, increases in the number of people visiting and the time they spend here,
increased hours of operation and increases in the inner city residential population. This
information was collated and contributed to the preparation of the Transforming the City
Centre Draft Action Plan. This was discussed at the third Retail Roundtable and
released for a period of community comment between 7 February and 31 March 2018.
In response 14 submissions have been received and are summarised in Attachment A –
Submissions to the Transforming the City Centre Draft Action Plan.
PAGE 79
As a result of the submissions, many of which were very supportive of the City’s renewed
focus on actions that are expected to make a positive difference, the Action Plan has
been finalised and two new actions included (Actions 2.9 and 2.10). Due to the positive
reaction to the Draft, City officers were able to prioritise and make a start on several of
the Actions. This has been captured in the May update that was circulated to
stakeholders and the broader community. A summary of the Actions currently being
progressed include:
• Action 1.3 Pop-Up Park. A catenary net is about to be installed in the central section
of the Mall to enable public art and Christmas decorations to be suspended from it. A
design for the remainder of the park will be progressed through winter for installation
in Spring.
• Action 1.4 Complete a Design Review for the Hargreaves Mall. Independent urban
design experts, Hansen Partnership, have been engaged and the work will be
completed in July 2018.
• Action 1.5 Increase funding for activation. A budget increase, from $60,000 to
$100,000 per annum is included in the 2018/19 Budget to allow additional events to
be scheduled into the yearly program, with a focus on increasing School Holiday
Family Fun Day events.
• Action 1.7 Improve pedestrian safety in the Mall. Additional loading bays have been
created near the Mall which has enabled delivery vehicles to be removed from the
Mall during the busy morning peak.
• Action 1.12 Wayfinding signs. Two new map based signs have been designed,
fabricated and will be installed in July 2018.
• Action 2.7 Repurpose the bus waiting facility. An expression of interest is currently
being advertised to solicit creative ideas for how part of the shelter could be activated
to create more interest and attraction at the Mitchell Street end of the Mall.
• Action 4.1 Increased cleaning. Weekly inspections and requests for cleaning are
being logged on the requests system. This will be an ongoing action, as busy places
get dirty and need to be cleaned more frequently.
• Action 4.3 Window wraps. New colourful window wraps have been installed on the
windows next to the entrance to Myer and more will be installed soon.
• Additional action includes structural investigations of the toilet structures to determine
if they could be repurposed, the construction of a book box in partnership with the
Library, new solar compacting litter bins for the central section of the Mall, and
actions to make the City Centre more people friendly by lowering the speed limit and
making it easier to walk around and cross at roundabouts.
In addition to the action already underway, the 2018/19 Budget includes allocations to
progress the reviews of the Bendigo CBD Plan 2005 and the Bendigo CBD Parking
Strategy 2008. Both of these will commence early in the financial year.
Progressing the implementation of the Transforming the City Centre Action Plan is a high
priority as it brings together many of the actions that are required for the City to deliver
on its various strategic policy directions related to the vision “Creating the world’s most
liveable community”.
PAGE 80
Council has the option of adopting the revised Transforming the City Centre Action Plan,
not adopting it, or suggesting an alternative course of action, such as undertaking more
research into the issues.
Timelines:
The Action Plan has a working life of around three to five years, with some actions to be
progressed from day one and others not expected to start for several years. It is
expected that some of the actions will result in further work being required and future
budget bids.
Progress:
An outline of current progress is provided above. In the next month the Hargreaves Mall
Design Review will be completed and actions will need to be considered. It is expected
that actions relating to public toilet and parents room facilities will need to be advanced
as a priority. The design of the Pop-Up Park also needs to be finalised and delivered.
Risk Analysis:
The risks associated with this form of work are relatively minor and are generally
examined in more detail for particular projects. An example can be seen in the
implementation of the changes to delivery vehicle access to the Mall. This was initiated
due to an unacceptable risk posed to people on foot, including small children, using the
space at the same time as large delivery vehicles.
The Transforming the City Centre Action Plan has been developed in partnership with
key stakeholders whom participated in several roundtable discussions. These forums
were coordinated with Be.Bendigo and participants selected based on their knowledge
and interest of retailing, leasing and property development in central Bendigo. While the
group did represent a broad range of interests, it was also to allow any person with an
interest in these issues to be able to contribute. This primarily occurred through face to
face conversations with retailers and through the release of the draft Action Plan, where
individuals were provided with an opportunity to speak directly with the project team.
Internal Consultation:
There are numerous service units with an interest in the Bendigo City Centre, with the
key ones represented at the roundtables. Other units are represented on the recently
formed Bendigo City Centre Coordination Committee which is chaired by the Director
Strategy and Growth.
External Consultation:
In addition to those that participated on the various roundtables, the Draft Action Plan
was widely circulated to City Centre businesses and reported in the local media. As a
result, 14 submissions were received and are outlined in Attachment A. In general there
is strong support for the Action Plan.
PAGE 81
City Centre Activation staff discussed the Action Plan in person with the businesses
fronting Hargreaves Mall. There was a high level of support of the draft Plan, with very
few issues raised. Traders assisted in identifying additional locations for loading zones
to assist in the removal of delivery vehicles from the Mall and traders throughout the Mall
ranked the repurposing of the Bus Shelter at the Mitchell Street end of the Mall as their
highest priority.
Budget Allocation in the Current Financial Year:

$60,000 for activation of our City Centre public spaces
$45,000 for the CBD Plan refresh. This money was reallocated to implementing projects
related to the draft Action Plan, such as commencing the Design Review. The CBD Plan
refresh is to occur in 2018/19.
Previous Council Support:

When the City first employed an Activation Officer, the CBD Activation budget for the
2013/14 year was $100,000. This subsequently was reduced to $60,000 in following
years.
Projected costs for future financial years:

An additional $40,000 has been added to the City Centre activation budget, bringing it to
$100,000 for 2018/19.
$50,000 has been allocated in 2018/19 to deliver a Pop-Up Park.
$40,000 has been allocated in 2018/19 to the Bendigo CBD Plan refresh.
$50,000 has been allocated in 2018/19 to the Bendigo CBD Parking Strategy review.
Both the CBD Plan and Parking Strategy will commence in the first quarter of 2018/19.
It is expected that several of the reviews, particularly the Hargreaves Mall Design
Review, will identify projects to be considered in future years.
Any ongoing recurrent expenditure required:

Increased cleaning and maintenance has been identified as an essential component to
the long term success of the Bendigo City Centre. It is expected that additional
resources will be needed to sustain the increased cleaning regime that has recently been
achieved.
Attachments
1. Transforming the City Centre submissions table

2. Transforming the City Centre Action Plan
3. Summary of the Transforming the City Centre Action Plan
PAGE 82
Strengthening the Economy
Environmental Sustainability
Embracing Our Culture and Heritage Ordinary Meeting - 18 July 2018
4. STRENGTHENING THE ECONOMY
Nil.
5. ENVIRONMENTAL SUSTAINABILITY
Nil.
6. EMBRACING OUR CULTURE AND HERITAGE
Nil.
PAGE 83
Lead and Govern For All - Reports Ordinary Meeting - 18 July 2018
7. LEAD AND GOVERN FOR ALL
7.1 POTENTIAL DISPOSAL OF 49 NAPIER STREET EAGLEHAWK

(APPOINTMENT OF COMMITTEE TO HEAR SUBMISSIONS)
Author Andy Walker, Manager Property Services
Responsible Debbie Wood, Director Presentation and Assets

Director
Purpose
Council resolved that 49 Napier Street Eaglehawk is potentially surplus and a Public
Notice was published on 12 May 2018 providing a period of 28 days for any person to
make a submission in relation to the proposed sale.
This report documents all submissions received during the public notice advertising
period and requests Council to nominate a committee of Councillors to hear submissions
in relation to the proposed sale.
RECOMMENDATION
That Council resolve to appoint the following committee of four (4) Councillors:
• Cr Margaret O'Rourke
• Cr Rod Fyffe
• Cr Andrea Metcalf
• Cr James Williams
to hear and consider submissions received on the proposed Sale of 49 Napier Street,
Eaglehawk at a meeting open to the public at 5.30pm on Tuesday 31 July 2018 in the
Reception Room, Municipal Offices, 195 Lyttleton Terrace, Bendigo.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Council Community Plan Reference:
Goal 1 Lead and govern for all

Effective community engagement will guide well-informed,
responsive decision-making and financially responsible resource
allocations, which are transparent and accountable
PAGE 84
Eaglehawk Community Facilities Audit and Needs Assessment 2014,

Eaglehawk Structure Plan 2013
Figure 12 of the plan indicates a future commercial land use for 49 Napier Street with an
active frontage to Napier Street and the adjacent side laneway.
Commercial Land and Activity Centre Strategy (October 2015)
Community Engagement Policy (April 2016)
10 Year Financial Plan
Asset Management Plan - Buildings & Structure (June 2016)
Statutory and Discretionary Reserve Policy (November 2013)
Local Government Act 1989 (VIC)
REPORT
With reference to the Council Resolution of 18 April 2018, Council resolved that 49
Napier Street Eaglehawk is potentially surplus and in accordance Section 223 of the
Local Government Act 1989, the property was advertised by Public Notice in the Bendigo
Advertiser on the Saturday 12 May 2018 providing the required period of 28 days (until
close of business 12 June 2018) for any person to make a submission in relation to the
proposed sale.
The submission period has now closed.
This report documents all submissions provided by individuals and groups during public
notice advertising period.
A total of 12 submissions were received.
From:
Groups: 1
Individuals: 11
Responses:
Objections to sale: 11
Supportive of Sale: 1
Previous Council Resolutions
• Ordinary Meeting 18 April 2018 – Action Item 8.1 Potential Disposal of 49 Napier
Street, Eaglehawk
1. In accordance Sell 49 Napier Street, Eaglehawk subject to Section 223 of the

Local Government Act 1989;
(a) That Council nominate three Councillors’ to hear the submissions received in
relation to the sale of the above property and report back to Council;
2. If no submissions are received in relation to the proposed sale of 49 Napier Street,

Eaglehawk, that Council resolve to:
PAGE 85
(a) Subdivide the property to widen the adjoining laneway (to facilitate separate
pedestrian and vehicle access);
(b) After subdivision, the above property be sold and that the Council authorise
the Chief Executive Officer to sign and seal all relevant sale documents.
• Ordinary Meeting 23 March 2016 – Action Item 12.1 Potential Disposal of 49 Napier
Street, Eaglehawk
1. Commence public engagement to seek the view of the community in relation to

the potential disposal of 49 Napier Street, Eaglehawk.
Attachments
Nil
PAGE 86
7.2 LOCAL LAW NO. 10 - ADMINISTRATION
Author Caroline Grylls, Manager Safe and Healthy Environments
Responsible Vicky Mason, Director Health and Wellbeing

Director
Purpose
This report considers submissions received in response to the exhibition of the draft
Greater Bendigo City Council Local Law No. 10 – Administration and recommends that
Council adopt the amended Greater Bendigo City Council Local Law No. 10 –
Administration.
Summary
Council resolved on the 21 February 2018 to publicly give notice of its intention to
resolve to adopt the draft Greater Bendigo City Council Local Law No. 10 –
Administration (the Local Law), and invited any persons affected to make a submission.
No submissions were received
RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Adopt and implement the Greater Bendigo City Council Local Law No. 10 -
Administration commencing the first day of September 2018.
2. In accordance with section 119 subsection (3) of the Local Government Act 1989
Council give notice in the Government Gazette and a public notice specifying:
a) The title of the local law; and

b) The purpose and general purport of the local law; and
c) That a copy of the local law may be inspected at the Council office.
3. Send a copy of the Greater Bendigo City Council Local Law No. 10 –
Administration to the Minister.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Community Plan Reference:
City of Greater Bendigo Community Plan 2017-2021:
PAGE 87
Goal 1: Lead and govern for all
1.2.3 Document and communicate in a consistent style

• Ensure staff members’ community engagement obligations are informed by
the principles set out in the Communications Strategy.
Goal 2: Wellbeing and fairness
2.5.1 Strengthen community safety
• Complete the review of Local Laws number 3, 4, 5 and 10.
Strategy Reference:
Greater Bendigo Health and Wellbeing Plan

Goal 1: Healthy and well
Reduce harm from unhealthy behaviours
• Tobacco
Goal 2: Increase community safety
• Decrease crime and antisocial behaviour
Part 5 of the Local Government Act 1989 (the Act), gives Local Government the ability to
create, administer and enforce local laws relevant to the municipality. To ensure that
local laws remain relevant and appropriate, the Act requires that unless revoked earlier,
all local laws are revoked 10 years after the day which is the earliest day on which any
provision of the local law came into operation.
The City has undertaken a concurrent review of the following local laws:
Local Law Sunset Date

Environment Local Law No 3. 1 September 2018
Streets and Roads Local Law No 4 31 August 2021
Municipal Places Local Law No 5 1 September 2018
The review resulted in the Greater Bendigo City Council Community Local Law.
The Greater Bendigo City Council Local Law No. 10 – Administration also required
review, to ensure it reflected the changes with the introduction of the new Local law.
PAGE 88
Previous Council Decision(s) Date(s):
At its Ordinary meeting on 21 February, 2018, Council resolved:
1. That in accordance with Section 119 of the Local Government Act 1989, Council
give notice of its intention to resolve to adopt the amended Draft Greater Bendigo
City Council Local Law No. 10 – Administration, in the Victorian Government
Gazette and local newspapers in a public notice stating:
(a) the purpose and general purport of the proposed Greater Bendigo City Council
Local Law No.10 - Administration;
(b) that a copy of the proposed Greater Bendigo City Council Local Law No.10 -
Administration can be obtained from the Council offices; and
(c) that any persons affected by the proposed Greater Bendigo City Council Local
Law may make a submission relating to the proposed Greater Bendigo City
Council Local Law No. 10 – Administration, under Section 223 of the Local
Government Act 1989.
2. That Council appoint a Committee of the whole of Council, to consider any

submissions by persons that request to be heard in accordance with Section 223 of
the Local Government Act 1989, and authorise the Chief Executive Officer to set
the date, time and location of the meeting to hear submissions.
Report
Under Section 223 of the Local Government Act 1989, Council must publically exhibit
any proposed local law for a minimum of twenty eight days, inviting written or verbal
submissions. Council must give consideration to all submissions and respond in writing
to each, notifying submitters of the decision and the reason for the decision.
No submissions were received in response to the exhibition of the draft Greater Bendigo
City Council Local Law No. 10 – Administration.
Council’s adoption of the Greater Bendigo City Council Local Law No. 10 - Administration
is a high priority. This is to ensure that its implementation coincides with the Greater
Bendigo City Council Community Local Law coming into effect.
N/A
PAGE 89
Timelines:
Action Date
Ordinary meeting of Council with recommendation to adopt 18 July, 2018
Greater Bendigo City Council Local Law No. 10 -
Administration.
Notice in Government Gazette and Public Notice. July, 2018
Copy of Greater Bendigo City Council Local Law No. 10 – July, 2018
Administration to Minister.
Greater Bendigo City Council Local Law No. 10 – 1 September, 2018
Administration comes into effective.
Current Local Law No. 10 – Administration automatically 1 September, 2018
revoked
Progress:
The review of the City’s Local Law No. 10 is progressing well and will be completed to
coincide with the Greater Bendigo City Council Community Local Law coming into effect
on the 1 September 2018.
Risk Analysis:
With the concurrent review of the City’s Local Law No. 3, 4 and 5 it is critical that the
City’s review is finalised and Council adopt the Greater Bendigo City Council Local Law
No. 10 – Administration prior to the 1 September 2018. This is to ensure that when the
new Greater Bendigo City Council Community Local Law comes into effect, the
Administration Local Law reflects the changes.
An internal PCG was created to oversee the local law review process which included the
Director Health and Wellbeing, previous Manager Environmental Health and Local Laws,
Manager Safe and Healthy Environments, Manager Engineering, Manager Parks and
Recreation, the City’s Legal Officer, the City’s Local Laws Officers, CBD Activation
Officer and representatives from Engineering, Regional Sustainable Development and
Business Transformations.
The draft Greater Bendigo City Council Local Law No. 10 – Administration was
developed following an extensive internal consultation process that was implemented in
line with the consultation and engagement plan developed by the internal Project Control
group (PCG).
Due to the administrative purpose of the local law, extensive consultation was held with
the Manager Safe and Healthy Environments and the City’s Legal Officer. Other key
internal stakeholders included the Municipal Fire Prevention Officer (MFPO), Local Laws
Officers and the previous coordinator of Animal Services.
PAGE 90
External consultation was undertaken through the public exhibition and submission
process. The exhibition and submission process was carried out in accordance with the
requirements of the Local Government Act 1989.
No submissions were received.
The review has been completed by internal staff resources. Additional costs of
approximately $1,000 are associated with the public notice and formal exhibition
process.
Existing Local Law Officers at the City will be utilised to implement, monitor and enforce
the new Greater Bendigo City Council Local Law No. 10 – Administration: however the
resources required to effectively enforce and monitor the Greater City’s local laws as the
City grows, will continue to be reviewed and additional resources will be sought if
required.
There is no additional budget allocation in the financial year.
Attachments
1. Community Impact Statement
2. Greater Bendigo City Council Local Law No. 10 - Administration
PAGE 91
Greater Bendigo City Council

Local Law No. 10 - Administration
Community Impact Statement
May 2018
PAGE 92
Greater Bendigo City Council Local Law No. 10 - Administration

The City of Greater Bendigo (the City) provides the following information to the
community in respect of the Greater Bendigo City Council Local Law No. 10
Administration.
PART A – GENERAL COMMENTS

Background
It is the Council’s view that local laws are critical to ensuring the good order, peace,
amenity and good governance of the municipal district.
The Local Government Act, 1989 gives Council’s the power to make local laws. Local
laws expire after ten (10) years whether or not they have been amended in the
meantime.
In 2016 it was determined to undertake a review of the following three (3) Local Laws
concurrently:
Local Law Title Sunset Date

No. 3 Environment 1 September, 2018
No. 4 Streets and Roads 1 August, 2021
No. 5 Municipal Places 1 September, 2018
Running concurrently to this significant review, was a review of the City’s Local Law No.
10 – Administration (Administration Local Law). This local law clearly sets out procedures
for administering all of the City’s local laws and has been amended from time to time.
With the significant review of Local Law No. 3, 4 and 5 it was necessary to undertake a
complete review of the Administration Local Law, to ensure it reflected the significant
changes.
At its ordinary meeting on 21 February 2018, Council resolved to exhibit the draft Local
Law No. 10 – Administration, inviting submissions. No submissions were received.
The following Local Laws have not been reviewed at this time and continue to apply
within the municipal district:

No. 2 Keeping of Animals 1 August, 2026
No. 8 Council Meeting Procedures 1 January, 2020
No. 9 Bendigo Livestock Exchange 1 May, 2020
No. 11 Protection of public assets 21 February, 2023
and control of building sites
It is intended that, as further local law reviews are undertaken, Council will continue to
consolidate other local laws into the Greater Bendigo City Council Community Local Law.
This will further simplify local laws for the community.
Objective
The overall objective of the Greater Bendigo City Council Local Law No. 10 –
Administration is to:
PAGE 93
(a) provide procedures for the administration of the local laws;

(b) to provide procedures for the setting of fees and charges in relation to local
laws;
(c) provide penalty values for penalty infringement notice purposes; and
(d) to provide procedures for the issue of:
i) Permits
ii) Notices to Comply
iii) Notices of Impounding
iv) Infringement Notices
Why we need an Administration Local Law?
To provide transparent and clear procedures that supports the administration of the
City’s local laws to ensure good governance.
We achieve this by:

• Including all of the administrative powers and procedures that allow the City to
implement the City’s Local Laws, in the Administrative Local Law.
• Ensuring that the Administrative Local Law is updated as required and thoroughly
reviewed within the required ten year timeframe.
• Involving key stakeholders in the development of the Local Law.
• Involving the community by exhibiting, and inviting submissions.
The changes to the current Local Law include:

• Changes to the penalty unit amounts for penalty infringement notice (PIN)
purposes, for offences under the City’s Local Law No. 2 - Keeping of Animals in
Appendix Four – Infringement Notice.
• The removal of references to clauses no longer required following the review of
the City’s Local Law No. 3, 4 and 5 in Appendix Four – Infringement Notices.
• The inclusion of the new clauses in the Greater Bendigo City Council Community
Local Law in Appendix Four – Infringement Notices.
• Minor administrative changes where the numbering of clauses had changed.
Conclusions
The review concluded that the Administration Local Law is still the most appropriate
approach to supporting the transparent and consistent administration of the City’s Local
Laws. The review resulted in a number of changes to Appendix Four – Infringement
Notices. The draft Local Law No. 10 – Administration was exhibited for the required 28
days. No submissions were received.
PAGE 94
PART B – COMMENTS ON PROPOSED LOCAL LAW OVERALL

Issue Evaluation
Measures of The success of the Local Law will be measured by:

Success of • A consistent approach to the administration of the
Proposed Local Greater Bendigo City Council local laws.
Law • Ongoing auditing of the City’s procedures to ensure
that they align with the procedures prescribed in the
Administration Local Law.
• Multiskilling of staff to validate consistency across
services.
Existing legislation With respect to the setting of penalty units, the Sentencing
which might be Act 1991 has been referenced.
used instead With respect to infringement notices the Infringements Act
2006 has been referenced.
State legislation No existing State legislation responds to the administration
more appropriate requirements of the Greater Bendigo City Council’s local
laws.
Overlap of existing The City is unaware of any overlap between any provisions
Legislation of the Administration Local Law and any other legislation.
The City’s Legal Officer was a key stakeholder in the review.
Overlap of Planning The City is unaware of any overlap between the
Scheme Administration Local Law and the Council’s Planning
Scheme. The City’s Legal Officer was a key stakeholder in
the review.
Risk Assessment The City has adopted a risk management approach to the
review and does not believe that there are any significant or
unacceptable risks associated with the Administration Local
Law to the City or the community.
Legislative A key principal of the City’s review was to ensure minimum
approach adopted imposition on the community with its Local Law, while
achieving its objectives. The City reflects this approach by
providing for:
• Reasonable and transparent enforcement including
the issuing of cautions where appropriate.
• The provision of a fair and transparent internal review
process.
• Implementation of a complaints handling procedure.
• Implementation of the City’s Compliance and
Enforcement Policy which provides a rationale and
decision making framework for an equitable,
transparent and consistent approach to enforcement
and compliance.
• Adhering to the key principals of the City’s
Compliance and Enforcement Policy which are
outcome based rather than punitive.
Restriction of The City is of the view that the Administration Local Law
competition poses no restriction on competition and that the Local Law is
in accordance with the National Competition Principles.
PAGE 95
Penalties The $100 value of the Local Law penalty unit has not
increased for a significant time. The review looked at the
number of penalty infringement notice units that were
applicable to offences in Appendix Four – Infringement
Notices. The review resulted in an increase in the number of
penalty infringement notice units that applied to some
offences: (pu = penalty unit). The following changes have
been made:
Local Law No. 2 Keeping of Animals
Clause 9 - Keeping of animals
• Increase 1pu to 2pu
Clause 10 – Limit on number of animals
Clause 11 – Keeping of poultry
Clause12 - Fences of properties to restrain animals
• increase 1pu to 2pu
Clause 13 – Animal Litter
• increased 1pu to 1.5pu
Community Local Law
2.1 Kerbside Collection
• increase 1pu to 2 pu
2.7 European wasps and bees
• increase 0.5pu to 1pu
2.8 Protection and preservation of scheduled Council
reserves and park land
• increased 1pu to 2pu
3.4 Waste skip bins placed on the road or road reserve
• new clause 2pu
3.5 Occupancy of footpaths or road reserve for works
• new clause 2pu
3.6 Third party advertising on footpath or road reserve
• new clause 2pu
4.2 Designated smoke-free zones within the municipality
• new clause 2pu
4.3 Activities in a public place
4.4 Activities in the Mall
Permits The City considers permits and notifications as a means of

controlling activities, rather than using prohibition. The City
has found the use of permits is a very effective means of
managing activities and activating public spaces fairly and
reasonably. No changes have been made as a result of the
review. Permits will continue to be required for a number of
activities. The Administration Local Law clearly sets out the
policy and procedures for:
• Applying for a permit;
• Fees and charges;
PAGE 96
• Issues of permits;
• Appeal of decision to refuse;
• Duration of permits;
• Conditional permits; and
• Cancellation of permits.
Fees The purpose of the fees charged under the City’s Local Laws
is to generally recover the costs involved in administering the
Local Law, and not to make a profit. No changes have been
made as a result of the review.
Performance The Administration Local Law is predominantly framed in
standards or prescriptive terms, due to local laws being a tool for
prescriptive regulation, as is legislation. This is necessary to be able to
regulate and control activities. It also ensures the local law is
robust, can be implemented fairly and can withstand legal
challenge.
Comparison with The City is well placed to be a leader for the region,
neighbouring and particularly with regards to its local law review and
like Councils development. The City’s local laws are consistent with the
intent of the neighbouring Council’s with the objective,
structure and language comparable.
Charter of Human The City has assessed the proposed local law for
Rights compatibility with the Charter of Human Rights and
Responsibilities Act 2006 and the City’s Human Rights
Charter. No conflicts with the charters have been identified.
Consultation Extensive internal consultation has been undertaken with the
meetings City’s Legal Officer, Local Laws Officers, Municipal Fire
Prevention Officer, Director Health and Wellbeing, Manager
Safe and Healthy Environments, Coordinator Investigations,
Team Leader Local Laws, Coordinator Parking Strategy and
Planning Investigations Officer. The consultation process
included:
• Identification of all stakeholders relevant to the review.
• Formation of an internal Project Control Group (PCG)
which met regularly throughout the review process.
• Regular meetings between the City’s Legal Officer
and the Manager Safe and Healthy Environments.
• Extensive internal stakeholder meetings with relevant
staff.
• Councillor Local Law review workshop and briefing.
• Regular meetings with external government agencies.
• Extensive review of the City’s community customer
request data.
• An extensive analysis of submission and consultation
outcomes for the City’s Public Health and Wellbeing
plan and other community engagement.
• Media releases and paid advertisements in the local
media to advise the community of the Local Law
review inviting submissions.
• Information for the community added to the City’s
social media profile, social media pages and the City’s
PAGE 97
webpage.
• Information provided at all of the City’s customer
service centres.
In accordance with section 119(2) and 223 of the Local
Government Act 1989, the City gave public notice of its
intention to make the proposed Local Law and provided
members of the community with a final opportunity to make
written submissions or be heard. Notice was also given in the
Government Gazette.
Submission No submissions were received.
PART C – COMMENTS ON NEW OR AMMENDED PROVISIONS OF THE

PROPOSED LOCAL LAW
Clause(s) Section Appendix Four
or Part of Local Law
Description or Penalties for infringement notice purpose in respect of

heading(s) offences against local laws.
The problem the Appendix four provides the penalty infringement notice (PIN)
provision is intended penalty units applicable to offences in all of the City’s Local
to address Laws. This provides the enforcement option of an Authorised
Officers issuing a PIN rather than taking matters to court.
Description of the The table must be updated to reflect changes to the City’s
problem local laws, to ensure that Authorised Officers continue to
have the option of issuing PINs, and that PINs are issued
lawfully.
Council’s Objective Explain the reason for its decisions.
Where is Council’s Greater Bendigo Community Plan 2017-2021.
objective set out? Goal 1 – Lead and govern for all.
How does proposed Clearly outlines the correct penalty infringement notice (PIN)
Local Law provision penalty units for local law offences.
help achieve
objective?
PAGE 98
PART D – RISK APPROACH

Risk Identified Risk Description of Measure to Control Sub risk
Rating issue Risk rating
Low/Med Low/Med
/ /
High High
Definition of Moderate Penalty units for The City’s Legal Low
penalty units not local laws are Officer reviewed the
consistent with defined in the Local Law to ensure
the Sentencing Sentencing Act there were no
Act 1991. 1991 and rate set inconsistencies.
at $100.
Authorised Officers
must be aware that
the Local Law
penalty unit is not
the same as the
penalty unit set
annually by the
Department of
Treasury and
Finance.
The Moderate Inconsistencies The City’s Legal Low
Administration between the Officer reviewed the
Local Law Infringements Act Local Law to ensure
Contrary to the 2006 and the there were no
requirements of Administration inconsistencies.
the Infringements Local Law make
Act 2006. the local law
ineffective.
Failure to request Medium Breach of the At its ordinary Low
or hear Local Government meeting on 21
submissions Act 1989. February 2018, the
Greater Bendigo City
Council resolved to
propose to adopt the
new Local Law. The
Local Law was
publically exhibited
for 28 days. Written
and verbal
submissions on the
draft Local Law were
called for in public
advertisements and
the Government
Gazette. No
submissions were
received.
Failure to consult Medium Loss of community The Administration Low
PAGE 99
with community confidence. Local Law was

Drafting developed based on
inappropriate Local comprehensive data
Laws. at the City.
The Local Law was
exhibited and no
submissions were
received.
Poor Service Medium Dissatisfied The City has a Low
Quality residents. Loss of customer service
confidence in the charter that provides
City’s services. direction, guidance
and service
standards for dealing
with customer
requests and
concerns. All staff are
inducted and
monitored to ensure
consistency with the
charter.
PAGE 100

Local Law No. 10 - Administration
PAGE 101
TABLE OF CONTENTS
Clause No. DESCRIPTION Page No.

10.1 Title 3
10.2 Objectives of this Local Law 3
10.3 Power to make this Local Law 3
10.4 Operational Date of this Local Law 3
10.5 Revocation of Local Law 3
10.6 Application of Local Law 3
10.7 Date that this Local Law Ceases Operation 3
10.8 Exemption 3
10.9 Definitions 4
10.10 Applying for a permit 4
10.11 Fees and Charges 4
10.12 Issue of Permits 4
10.13 Appeal of Decision to Refuse 5
10.14 Duration of Permits 5
10.15 Conditional Permits 5
10.16 Cancellation of Permit 6
10.17 Compliance with Direction 6
10.18 Power of Authorised Officer 6
10.19 Notice to Comply 6
10.20 Time to Comply 5
10.21 Failure to Comply with a Notice to Comply 6
10.22 Power of Authorised Officers to Act in Urgent Circumstances 6
10.23 Power of Authorised Officer to Impound 7
10.24 Offences 8
10.25 Penalty Units 10
10.26 Infringement Notices 10
10.27 Fines 10
Appendix One - Notice to Comply 12
Appendix Two - Notice of Impounding 13
Appendix Three – Infringement Notice 14
Appendix Four - Penalties for Infringement Notices 15
Appendix Five - Application for Permit 17
Appendix Six – Permit 18
Appendix Seven – Application to Appeal Decision to Refuse 19
PAGE 102
1. Title
This is the Greater Bendigo City Council Local Law No. 10 - Administration.
2. Objectives of this Local Law
The objectives of this Local Law are:
(e) to provide procedures for the administration of the local laws;

(f) to provide procedures for the setting of fees and charges in relation to local
laws;
(g) provide penalty values for penalty infringement notice purposes; and
(h) to provide procedures for the issue of:
v) Permits
vi) Notices to Comply
vii) Notices of Impounding
viii) Infringement Notices
3. Power to make this Local Law
The Council’s authority to make this Local Law is contained in Section 111 of the
Local Government Act 1989.
4. Operational Date of this Local Law.
This Local Law operates from the 1 September 2018.
5. Revocation of Local Law
On the commencement of this Local Law, the previous version of this Local Law
No.10 – Administration, is revoked.
6. Application of this Local Law
The provisions of this Local Law apply to all City of Greater Bendigo Local Laws
except where it is apparent that a Clause indicates otherwise or provides alternative
provisions.
7. Date that this Local Law Ceases Operation
Unless this Local Law is revoked sooner its operation will cease on the day which is
10 years after the day on which it came into operation.
8. Exemption
The Council may prescribe specified persons, premises or areas within the
municipality to be exempt from all or any of the provisions of this local law for a
specified time and on specified conditions provided that;
PAGE 103
i) The exemption is in writing, with specified conditions

ii) The exemption is complied with
An exemption may be cancelled or corrected as if it were a permit.
9. Definitions
Authorised Officer means an Officer appointed under Section 224 of the

Local Government Act 1989.
Chief Executive Officer means the Chief Executive Officer of the Greater
Bendigo City Council.
PERMITS, FEES AND DELEGATIONS
10. Applying for a Permit
(a) An application for a permit under a Local Law shall be in the form of Appendix
5 (except where a Local Law specifies otherwise) and be accompanied by the
appropriate fee.
(b) In considering such an application the Authorised Officer may:
i) require a person making an application for a permit to give public

notice of such application
ii) take into consideration any response to that notice, any policy or
guidelines adopted by the Council, any objections or submissions,
any comments from other authorities, government departments or
community organisations, any other matter that is considered
relevant.
(c) Submissions made in relation to an application may be heard in accordance

with Section 223 of the Local Government Act 1989.
(i) An Authorised Officer may require an applicant to provide additional

information before considering an application for a permit or request for
exemption under the Local Law.
11. Fees & Charges
(a) The Council may from time to time by resolution determine the fees and
charges to apply under a Local Law and the Council shall give public notice of
its resolution to set or alter fees and charges.
(b) In determining any fees and charges the Council may establish a system or
structure of fees and charges, including a minimum or maximum fee or charge
if it considers it is appropriate to do so.
(c) The Council or Authorised Officer may waive, reduce or alter any fee or
charge with or without conditions.
PAGE 104
12. Issue of Permits
The Council or Authorised Officer may:

(a) Issue a permit in the form of Appendix 6 (unless a Local Law specifies
otherwise), or
(b) Refuse to issue a permit.
A copy of the permit must be available for inspection at the address or place to
which the permit relates on demand by an Authorised Officer.
13. Appeal of Decision to Refuse
(a) An applicant may appeal a decision to refuse to issue a permit.
(b) Applications must be in prescribed form of Appendix 7 and be accompanied

by the appropriate fee.
(c) Appeals will be considered by a three member panel made up of a Director, a

person with legal qualifications and an Authorised Officers.
(d) The applicant may make written or verbal submissions to the panel within the
time specified in writing by an Authorised Officer.
(e) Within 10 days of considering any written submissions received from the
applicant or after hearing the applicant’s verbal submissions, an Authorised
Officer shall notify the applicant in writing of the panel’s decision.
14. Duration of Permits
(a) A permit remains in force until the expiry date indicated in the permit, unless it
is cancelled before the expiry date.
(b) If no expiry date is indicated on the permit, the permit expires on the 30 June
next after the day on which it was issued.
15. Conditional Permits
(a) A permit may be subject to such conditions which the Council or Authorised
Officer considers appropriate, including but not limited to:
i) the payment of a fee or charge;

ii) the payment of a security deposit , bond or guarantee to the
Council to secure the proper performance of conditions on a permit
or to rectify any damage caused to Council assets as a result of the
use or activity allowed by the permit;
iii) the application of an appropriate standard;
iv) a time limitation specifying the duration, commencement or
completion date of the permit;
v) the happening of an event, or the rectification, remedying or
restoration of any damage caused to the place or thing by the
PAGE 105
activity permitted;
vi)where the applicant is not the owner of the subject property, the
consent of the owner.
(b) before the granting of some other permit which may be required by the
Authorised Officer whether under a Local Law or otherwise.
16. Cancellation of Permit
(a) The Chief Executive Officer or his or her delegate may cancel a permit if it is
considered that:
i) there has been a serious or ongoing breach of the conditions of the

permit; or
ii) a notice to comply has been issued, but not complied with within
seven days after the time specified in the notice to comply; or
iii) there was a significant error or misrepresentation in the application
for the permit; or
iv) in the circumstances, the permit should be cancelled.
(b) Before a permit is cancelled under sub-clause 16(a), the permit holder shall be
invited to submit within a nominated time a written statement giving reasons
why the permit should not be cancelled.
ENFORCEMENT
17. Compliance with Directions
A person must comply with any reasonable direction or instruction of an Authorised

Officer, member of the Police Force or an emergency service when requested to do
so in urgent circumstances or for public safety reasons whether or not a person has
a permit under any Local Law.
PENALTY: Two penalty units
18. Power of Authorised Officer
An Authorised Officer may issue a warning, a Notice to Comply and an Infringement

Notice on a person who is in breach of a Local Law, commence legal proceedings
and may impound items, goods or equipment relevant to a breach of the Local Law.
19. Notice to Comply
An Authorised Officer may serve a written Notice to Comply in the form of Appendix
I on any owner, occupier or other relevant person to remedy any breach of a Local
Law.
20. Time to Comply
(a) A Notice to Comply must state the time and date by which the breach must be
remedied.
PAGE 106
(b) The time required by the Notice to Comply to remedy the breach must be
reasonable in the circumstances having regards to:
i) The amount of work involved;

ii) The degree of difficulty;
iii) The availability of necessary materials or other necessary items;
iv) Climatic conditions;
v) The degree of actual risk or potential risk to health and safety;
vi) Any other relevant factor.
21. Failure to comply with a “Notice to Comply”
(a) Any person who fails to remedy a breach of a Local law in accordance with a
Notice to Comply is guilty of an offence and liable to the amount of the penalty
specified by the Local Law.
(b) Where such failure to remedy occurs an Authorised Officer may take action to
remedy the breach and the person who has failed to remedy the breach shall
be liable to reimburse Council for all costs associated with such action.
22. Power of Authorised Officers to Act in Urgent Circumstances
(a) An Authorised Officer may, in urgent circumstances arising as a result of a

failure to comply with a Local Law take action to remove, remedy or rectify the
breach without the necessity to serve a Notice to Comply provided:
i) The Authorised Officer considers the circumstances of the breach

to be sufficiently urgent and that the time involved or difficulties
associated with the serving of a Notice to Comply may place a
person, animal, property or thing at risk or in danger.
ii) Wherever practicable, a senior officer of the Council is given prior
notice of the proposed action.
iii) Details of the circumstances and remedial action taken are as soon
as possible given to the person responsible for the breach.
(b) Where action is taken by the Authorised Officer pursuant to Clause 22(a) the
person responsible for the breach shall be liable to reimburse Council for all
costs associated with such action.
NOTICES OF IMPOUNDING
23. Power of Authorised Officer to Impound
(a) Where in the opinion of an Authorised Officer there is a risk to the

environment or to the safety of a member of the public an Authorised Officer
may seize and impound any goods, animals, birds, items or things where
there is a breach of a Local Law.
PAGE 107
(b) If an Authorised Officer has impounded an item in accordance with this clause
the Council may refuse to release it until a charge equivalent to all costs
incurred by it in such impounding has been paid to Council. Any such fee shall
be determined by resolution of the Council.
(c) At the time of the impoundment or as soon as practicable thereafter the
Authorised Officer shall serve a Notice of Impounding in the form of Appendix
2 on the owner or registered owner or person apparently responsible for the
good, animal, bird, item or thing setting out the fees and charges payable and
time by which it must be retrieved from the Council. Where good, animal, bird,
item or thing is required for evidence for a prosecution the owner or person
responsible for it shall be advised of the time for collection following resolution
of the prosecution.
(d) If, after 28 days from the date of impoundment, an impounded good, animal,
bird, item or thing has not been retrieved then the Authorised Officer may
dispose of it by such means as is determined by the Chief Executive Officer
including sale by public auction, public tender or private treaty, by disposal at
a municipal land fill or transfer station or otherwise. Any proceeds of sale shall
be paid into the municipal fund.
(e) Where an impounded item has been disposed of in accordance with sub
clause (d) the owner of the particular item may apply in writing to the Council
for reimbursement of any proceeds from the sale. Subject to receipt of
satisfactory proof of ownership by the Authorised Officer the proceeds from
the disposal shall be paid to the owner except for the reasonable costs
incurred by Council which may be retained by the Council.
(f) Where the identity or whereabouts of the owner or person responsible for the
impounded item is unknown the Authorised Officer must take reasonable
steps to ascertain the identity or whereabouts of that person and may only
proceed to dispose of the impounded item in accordance with sub clause (d)
once he or she is satisfied that all reasonable efforts have been made to
contact the owner or the person responsible for the impounded item.
(g) A person must not, except with the authority of an Authorised Officer or
pursuant to an order of a Court, remove, alter or interfere in any way with an
animal or other thing, seized or detained by an Authorised Officer in the
exercise of his power, functions or duties under this Local Law
PENALTY: First offence - Two penalty units
Second or subsequent offence - Four penalty units
OFFENCES AND PENALTIES
24. Offences
(a) A person must not refuse or neglect to furnish information to an Authorised

Officer when reasonably required under this Local Law to do so.
PENALTY: First offence - Two penalty units

Second or subsequent Offence – Four penalty units
PAGE 108
(b) A person who makes a false representation or declaration (whether oral or in

writing), or who intentionally omits relevant information in an application for a
permit or exemption is guilty of an offence.
PENALTY: First Offence – Five penalty units

Second or subsequent offence - Ten penalty units
(c) A person must not assault, obstruct, or attempt to obstruct, threaten, abuse,
insult, intimidate, or attempt to intimidate any Authorised Officer in the
exercise of his powers, function or duties under this Local Law.
PENALTY: First Offence – Two penalty units

Second or subsequent offence - Four penalty units
(d) A person must not refuse to state his name and address of his usual place of
residence or state a false name or address to an Authorised Officer when
required under this Local Law to do so.

Second or subsequent offence – Four penalty units
(e) Where any provision in a Local Law requires that something shall not be done
at all, any person who does that thing or act is guilty of an offence.

(f) Where any provision in a Local Law requires that something shall not be done
between specified hours of the day or night, during specified months of the
year or in or at specified locations or specified parts of those locations, any
person who does that thing or act between such hours, during such months,
on such days, in or at such location or a specified part of such location is guilty
of an offence.

(g) Where any provision in a Local Law requires that a person obtain a permit
before engaging in any particular activity a person is guilty of an offence if that
person engages in that activity without a current permit (unless the
requirement for a permit has been waived by an Authorised Officer).

(h) Where any permit issued pursuant to a Local Law contains conditions, any
person who breaches or fails to comply with a condition of such a permit is
guilty of an offence.
PAGE 109

(i) A person is guilty of an offence if he or she:

i) Falsely represents himself or herself to be an Authorised Officer.
ii) Fails to comply with any reasonable direction, instruction or signal
of an Authorised Officer, member of Victoria Police or an
Emergency Service.
PENALTY: Ten penalty units
25. Penalty Units
Where a penalty unit(s) has been prescribed by a Local Law, the value of the
penalty unit(s) shall be have the same value of a penalty unit prescribed at the time
of the offence by the Sentencing Act 1991.
26. Infringement Notices
In accordance with the Infringements Act 2006 the CEO, or his/her delegate may:
(a) As an alternative to a prosecution, an Authorised Officer may issue and serve

an Infringement Notice on a person who:
i) has committed one of the offences referred to in clause 24, or

ii) is reasonably suspected of having committed on of the offences
referred to in clause 24.
(b) A person served with an Infringement Notice may pay the penalty specified in
the Notice to the cashier of the Council within 28 days after service of the
Notice, failing which a prosecution may be instituted against that person by an
Authorised Officer.
(c) A person served with an Infringement Notice may make a written

representation to the Chief Executive Officer or his delegate within 28 days of
the service of the Infringement Notice.
(d) The Chief Executive Officer or his delegate may by written notice withdraw an
Infringement Notice within 28 days of the service of the same and then
initiate a prosecution regardless of whether the Infringement Notice penalty
has been paid or not. If the penalty indicated in the Infringement Notice has
been paid, the payment shall be refunded to the alleged offender prior to the
prosecution being initiated.
(e) The Chief Executive Officer or his delegate may withdraw an Infringement
Notice and not proceed to prosecute, providing the circumstances warrant
such action in the opinion of the Chief Executive Officer or his delegate.
PAGE 110
(f) In the event of the failure of a person served with an Infringement Notice to
pay the amount specified within 28 days of the service of the Notice or such
further time as the Authorised Officer may permit, the Authorised Officer may
pursue the matter by prosecuting for an offence or by taking any other
appropriate steps which may be available for enforcing penalties.
(g) Any person served with an Infringement Notice is entitled to defend the
prosecution in Court rather than pay the penalty specified therein.
PAGE 111
CITY OF GREATER BENDIGO
LOCAL LAW No. 10 - APPENDIX ONE
NOTICE TO COMPLY
TO ____________________________________________________________________
(Name)
____________________________________________________________________
(Address)
The following constitutes a breach under Clause _________________ of the Council's Local
Law No. ____________ (Title ______________________________________ )
____________________________________________________________________
____________________________________________________________________
To remedy the breach you must carry out the following, within ________________ days from
the date of this Notice.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
You should contact ____________________________________ (contact officer) at the

Municipal Office between the hours of 9:00am and 4:30pm for any further information about
this Notice.
If you fail to comply with this Notice you will be guilty of an offence and liable for payment of a
penalty of $ and the Authorised Officer may proceed to carry out the work,
the cost of which, in addition to the above penalty, you will be liable to pay.
DATE: / / ________________________________
(Name of Authorised Officer)
TELEPHONE: ________________________________
(Signature of Authorised Officer)
NOTE: if this Notice relates to a contravention of a permit and the Notice is not complied with, the
permit may be cancelled. If you do not wish to have the permit cancelled you should comply with
the directions in this Notice or show cause to the Council in writing why the permit should not be
cancelled.
PAGE 112
LOCAL LAW No. 10 - APPENDIX TWO
NOTICE OF IMPOUNDING
TO ____________________________________________________________________
(Name)
____________________________________________________________________
(Address)
The following item(s) has/have been impounded in accordance with Local Law No._____
(Title _______________________________________________________________)
Describe Items Impounded
____________________________________________________________________
____________________________________________________________________
You may collect the items by attending at the Municipal Office / Depot between the hours of
______________ and ________________ to see _____________________ (Contact Officer)
upon providing satisfactory proof of ownership and by paying the following:
Details of Fees and Charges
____________________________________________ $___________
____________________________________________ $___________
____________________________________________ $___________
____________________________________________ $___________
____________________________________________ $___________
____________________________________________ $___________
TOTAL $___________
If you fail to collect the item(s), or fail to provide satisfactory proof of ownership and pay the
required fees and charges by _______________________ (date), the Authorised Officer will
proceed to dispose of the item(s) in accordance with Local Law No. 10 - Administration.
DATE: / / ________________________________
(Name of Authorised Officer)
TELEPHONE: ________________________________
(Signature of Authorised Officer)
PAGE 113
LOCAL LAW No. 10 - APPENDIX THREE
INFRINGEMENT NOTICE
DATE OF NOTICE: _________________ NO. OF NOTICE: ______________
REG. NO. OF ANY VEHICLE: __________________ (STATE)__________
TO: SURNAME OR ORGANISATION NAME

____________________________________________
OTHER NAMES ____________________________________________
ADDRESS ____________________________________________
I, _____________________________________________ (name of Authorised Officer) being a

duly Authorised Officer of the above Council have reason to believe that you have committed an
offence against a Local Law of the Council. The nature of the alleged offence and the amount of
the penalty is indicated below:
Local Clause Nature of Infringement Penalty

Law Number
Number
Other particulars of alleged offence:
TIME: ______________ LOCATION: ____________________________________
If you pay the penalty indicated within 28 days from the date of service of this Notice to the City
of Greater Bendigo by:
* CHEQUE or MONEY ORDER for the FULL AMOUNT posted to P0 Box 733, Bendigo,
3552
* CHEQUE, MONEY ORDER or CASH for the FULL AMOUNT to Municipal Offices at
Lyttleton Terrace, Bendigo, 3550.
this matter will not be brought to Court (subject to Clause 25(d) of Local Law 10) and no
conviction will be recorded.
You are entitled to elect to have the matter of the infringement offence heard and determined in
the Court and if you are a child, by the Children's Court in accordance with the Children, Youth
and Families Act 2005.
Should you wish to make any submission concerning this infringement notice contact should be
made with _______________________ ____________________________
(telephone________________________) at the Municipal Office.
_________________________________
(Signed by Authorised Officer)
PAGE 114
LOCAL LAW No. 10 - APPENDIX FOUR
INFRINGEMENT NOTICE
PENALTIES FOR INFRINGEMENT NOTICE PURPOSE IN RESPECT OF OFFENCES

AGAINST LOCAL LAWS
CLAUSE PENALTY
Offences Against
Local Law No.2 Keeping of Animals
Clause 9 Keeping of Animals 2 penalty units
Clause 10 Limit on number of animals 2 penalty units
Clause 11 Keeping of poultry 2 penalty units
Clause 12 Fences of properties to restrain animals 2 penalty units
Clause 13 Animal litter 1.5 penalty units
Offences Against
Greater Bendigo City Council Community Local Law
Part B – Environment
Clause 2.1 Kerbside waste collection 2 penalty units
Clause 2.2 Open air burning 2 penalty units
Clause 2.3 Burning of offensive materials 2 penalty units
Clause 2.4 Motorised vehicles on council land 2 penalty units
Clause 2.5 Dangerous or unsightly land 2 penalty units
Clause 2.6 Heavy vehicles 2 penalty units
Clause 2.7 European wasps and bees 1 penalty unit
Clause 2.8 Protection and preservation of scheduled 2 penalty units
Council reserves and park land
Part C – Streets & Roads

Clause 3.1 Vehicle crossings 2 penalty units
Clause 3.2 Advertising signs placed on roads 2 penalty units
Clause 3.3 Sale of motor vehicles or goods on road or 1 penalty unit
road reserves
Clause 3.4 Waste skip bins placed on the road or 2 penalty units
road reserve
Clause 3.5 Occupancy of footpath or road reserve for 2 penalty units
works
Clause 3.6 Third party advertising on footpaths or 2 penalty units
road reserves
Part D – Municipal Places

Clause 4.1 Consumption of liquor 2 penalty units
Clause 4.2 Designation of smoke-free zones within 2 penalty units
the municipality
Clause 4.3 Activities in public places 2 penalty units
Clause 4.4 Activities in the Mall 2 penalty units
Clause 4.5(a) Outdoor dining and street trading 1 penalty units
Clause 4.6 Camping and caravans 1 penalty units
Clause 4.7 Behaviour 2 penalty units
PAGE 115
Offences Against
Local Law No. 8 Process of Municipal Government
Clause 9 Use of common seal 2 penalty units
Clause 31 Petitions (whole of Clause) 1 penalty unit
Clause 32 Maintenance of order (whole of Clause) 1 penalty unit
Clause 34(b) Removal from chambers 1 penalty unit
Clause 34(c) Removal from chambers 1.5 penalty unit
Offences Against
Local Law No.9 Bendigo Livestock Exchange
Clause 12 Use of Bendigo livestock exchange 2 penalty units
Clause 14 Sales before and after opening or closing 2 penalty units
of market or on non-sale days
Clause 17 Pre-sale procedure 2 penalty units
Clause 18(b) Allocations 2 penalty units
Clause 19 Penning of Stock 2 penalty units
Clause 20(a) Stock not connected with sale 1 penalty units
Clause 22 Agents 2 penalty units
Clause 23 Behaviour 1 penalty units
Clause 24(b) Exclusion from Bendigo livestock 2 penalty units
exchange
Clause 25(a)(b)(c) Dogs 1 penalty unit
Clause 26(b) Removing the stock 1 penalty units
Clause 27 Moving Stock 1 penalty units
Clause 28(b), (c) Vehicles 1 penalty units
Clause 29 Dead/Injured stock 2 penalty units
Clause 30 Obstruction 2.5 penalty units
Clause 33 Selling of sundry items 2.5 penalty units
Clause 36 Allotted time for selling 1 penalty unit
Offences Against
Local Law No. 10 Administration
Clause 24 Offences 2 penalty units
Clause 17 Compliance with directions 2 penalty units
Clause 21 Failure to Adhere to Notice to Comply 2 penalty units
Clause 23 Power of Authorised Officer to Impound 2 penalty units
Offences Against
Local Law No. 11 Protection of Public Assets & Control of Building Sites
Clause 21 Infringement Notices – Penalty Fixed 2 penalty units
PAGE 116
LOCAL LAW No. 10 - APPENDIX FIVE
APPLICATION FOR LOCAL LAW PERMIT
I, ___________________________________________________________________
(Name of Applicant)
of _________________________________________________________________
(Address)
wish to apply for a _____________________________________________________

(Type of permit)
The relevant details are as follows:
The address / place to which the permit will relate to is _________________________
____________________________________________________________________
Local Law Number___________________ Section Number _____________
I wish to be able to: _____________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
For further information I may be contacted on ________________________ telephone)
between the following times: _______________ and ______________.
Signed by the Applicant _______________________________
Signature of Owner where required ______________________
Name of Owner _____________________________________
Address of Owner ____________________________________
PAGE 117
LOCAL LAW NO. 10 - APPENDIX SIX
LOCAL LAW PERMIT
PERSON TO WHOM ISSUED: __________________________________________
PERMIT NUMBER ______________________
A permit is hereby granted under Section ____________ of the _________________
________________________________ Local Law No. ___________________ for the
purposes of __________________________________________________________
____________________________________________________________________
and subject to any condition attached and signed by the Authorised Officer.
The address/place to which the permit relates is _________________________________
If you have any queries regarding these conditions, you should telephone ___________
_____________________ on ____________________
Failure to comply with these conditions may result in cancellation of the permit and payment of a
penalty.
DATE OF ISSUE OF PERMIT : ______________________________
DATE ON WHICH THIS PERMIT EXPIRES ______________________________
Date : / __________________________________________
Authorised Officer
Fees $ _____________
Paid / /
Receipt Number ______________________
NOTE:
A copy of this permit must be available for inspection at the address I place to which the permit
relates on demand by an Authorised Officer.
PAGE 118
LOCA LAW NO. 10 - APPENDIX SEVEN
APPLICATION TO APPEAL DECISION TO REFUSE PERMIT
NAME OF APPEALANT: ______________________________________________
POSTAL ADDRESS OF APPEALANT: ________________________________
CONTACT NUMBER : _________________________________________________
___________________________________________________________________
APPLICATION DETAILS
APPLICATION NO.:- __________________________________________________
WHAT WAS THE APPLICATION FOR___________________________________
____________________________________________________________________
THE ADDRESS OR PLACE THE APPLICATION RELATES: _________________
____________________________________________________________________
____________________________________________________________________
REASONS OF APPEAL
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Date : / / ______________________________________
Signature of Appellant
Fees $ _____________
Paid / /
Receipt Number ______________________
PAGE 119
7.3 GREATER BENDIGO CITY COUNCIL COMMUNITY LOCAL LAW
Author Caroline Grylls, Manager Safe and Healthy Environments
Responsible Vicky Mason, Director Health and Wellbeing

Director
Purpose
This report considers submissions received in response to the exhibition of the draft
Greater Bendigo City Council Community Local Law and recommends that Council adopt
the amended Greater Bendigo City Council Community Local Law.
Summary
Council resolved on the 24 January 2018 to publicly give notice of its intention to resolve
to adopt the draft Greater Bendigo City Council Community Local Law (the Local Law),
and invited any persons affected to make a submission.
Twenty three (23) submissions were received in response to the public exhibition of the
Local Law. No submitters requested to be heard by Council.
The key issues that emerged were:
• The new open air burning clause introducing controls on land over 1 ha in size had
unintended impacts on primary producers and rural farming practices.
• The size of the fire allowable on land over 1ha size was too restrictive.
• Inconsistencies with the Local Law and the Country Fire Authority (CFA) advice
prescribing the conditions that any person lighting an open air fire must comply
with.
• Opposition to giving Authorised Officers the power to make a determination whether
to grant a permit for an open air fire or not.
• Concerns about the use of the term nest of bees, and the delineation of powers with
respect to bee keeping between the City and the Department of Economic
Development, Jobs Transports and Resources (DEDJTR).
• Opposition to the control of the sale of motor vehicles and goods for sale on roads
or road reserves, the addition of goods and the increase in penalties for these
offences.
• Concern about the removal of the clause requiring property owners to number their
properties.
All submitters, with the exception of one, were contacted by telephone and in writing.
Meetings with key stakeholders were held where appropriate. All submissions were given
genuine and careful consideration, resulting in a number of amendments with either
negotiated outcomes or full key stakeholder support.
PAGE 120
RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Adopt and implement the Greater Bendigo City Council Community Local Law
commencing the first day of September 2018.
2. In accordance with section 119 subsection (3) of the Local Government Act 1989
Council give notice in the Government Gazette and a public notice specifying:
a) The title of the local law; and

b) The purpose and general purport of the local law; and
c) That a copy of the local law may be inspected at the Council office.
3. Send a copy of the Greater Bendigo City Council Community Local Law to the
Minister.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

1.2.3 Document and communicate in a consistent style

• Ensure staff members’ community engagement obligations are informed by
the principles set out in the Communications Strategy.
Goal 2: Wellbeing and fairness
2.5.1 Strengthen community safety
• Complete the review of Local Laws number 3, 4, 5 and 10.
Strategy Reference:
Greater Bendigo Health and Wellbeing Plan

Goal 1: Healthy and well
Reduce harm from unhealthy behaviours
• Tobacco
Goal 2: Increase community safety
• Decrease crime and antisocial behaviour
PAGE 121
Part 5 of the Local Government Act 1989 (the Act), gives Local Government the ability to
create, administer and enforce local laws relevant to the municipality. To ensure that
local laws remain relevant and appropriate, the Act requires that unless revoked earlier,
all local laws are revoked 10 years after the day which is the earliest day on which any
provision of the local law came into operation.
The City has undertaken a concurrent review of the following local laws:
Local Law Sunset Date

Environment Local Law No 3. 1 September 2018
Streets and Roads Local Law No 4 31 August 2021
Municipal Places Local Law No 5 1 September 2018
The review resulted in the draft Greater Bendigo City Council Community Local Law.
At its Ordinary meeting on 24 January 2018, Council resolved:
1. That in accordance with Section 119 of the Local Government Act 1989, Council
give notice of its intention to resolve to adopt the Draft Greater Bendigo City
Council Community Local Law in the Victorian Government Gazette and local
newspapers in a public notice stating:
(a) the purpose and general purport of the proposed Greater Bendigo City Council
Community Local Law;
(b) that a copy of the proposed Greater Bendigo City Council Community Local Law
can be obtained from the Council offices; and
(c) that any persons affected by the proposed Greater Bendigo City Council
Community Local Law may make a submission relating to the proposed Greater
Bendigo City Council Community Local Law under Section 223 of the Local
Government Act 1989.
2. That Council appoint a Committee of the whole of Council, to consider any

submissions by persons that request to be heard in accordance with Section 223 of
the Local Government Act 1989, and authorise the Chief Executive Officer to set
the date, time and location of the meeting to hear submissions.
Report
Under Section 223 of the Local Government Act 1989, Council must publically exhibit
any proposed local law for a minimum of twenty eight days, inviting written or verbal
submissions. Council must give consideration to all submissions and respond in writing
to each, notifying submitters of the decision and the reason for the decision.
PAGE 122
Twenty three (23) written submissions were received in response to the exhibition of the
draft Local Law. A large volume of telephone calls were fielded by staff at the City, and
staff were also questioned at community meetings arranged for other purposes. No
submitter requested to be heard by Council.
No. Summary of Submission Officer Response

1, 3, 4, 5,7, 2.2 Open air burning - clause (f) (i) Support change.
8,10,11,12, Opposed the introduction of a permit system Engagement with CFA
13,15,16,17, for properties over 1ha and its impact on submitters. New clause
19,20,21,22 legitimate primary production and broad acre included to exclude
and 23. farming practices. farming and primary
production. The size of
fires allowed increased
to 4m x 4m x 3m high.
15. 2.2 Open air burning - clause (f) (i) Not supported. Review
Concerned about this clause applying to ‘all of submission
land’. determined there was
no conflict.
7, 8 and 16. 2.2 Open air burning – clause (g) Not supported.
Opposes the requirement that an Authorised Authorised Officers
Officer make determination whether to grant a have the skills and
permit. knowledge to be able to
determine whether to
grant a permit.
5, 10, 11 2.2 Open air burning – clause (d)(v) (h)(iv) Support change and
and 15. Change the 10 litres of water to 9 litres. implemented.
Most fire extinguishers hold 9 litres.
5 and 21. 2.2 Open air burning - clause 2.2 (d)(iv) Support change and
(h)(iii) implemented.
Recommend change of wind speed from
10kph to 15kph.
22. 2.3 Burning of materials causing offence Not supported. This

(a) (viii) clause has been in the
Opposes the requirement to not allow the Local Law and
burning of cardboard or newspaper. Authorised Officers
support its continued
inclusion.
2 and 9. 2.7 European wasps and bees - clause (b) Support change and
Opposed the term ‘nest of bees’. Suggested implemented.
‘unmanaged or abandoned colony of bees’.
Managed hives are registered with the
DEDJTR which this clause should not apply
to. ’Neglected hives’ should be directed to
DEDJTR rather than an Authorised Officer at
the City.
PAGE 123
No. Summary of Submission Officer Response

22. 3.3 Sale of motor vehicles or goods on Not supported. City’s
roads or road reserves – clause (a) and (b) data demonstrates the
Opposed to the clause banning sale of motor need for this clause to
vehicles and other goods on roads or road ensure ongoing road
reserve. Opposed to any increase in penalty. safety. No increase in
penalty proposed.
18. 4.6 Camping and Caravans (e) (ii) Support change and
Word change from treatment plant to implemented.
approved onsite wastewater management
system.
6. Removal of Streets and Roads Clause 11 Not supported.

property numbers to be displayed. Schedule 10(5)(1)(d)
Opposed to the removal of this clause due to Local Government Act
impact on emergency services. 1989 gives Council
powers to require that
properties to be
numbered.
14. City of Greater Bendigo – Waste Services No change to draft.

Code of Practice (Reference Document) Concerns forwarded to
Concerned about reducing volume of Manager Resource
domestic waste bins from 240L to 140L. Recovery and
Education.
Key changes to the draft Local Law as a result of the public exhibition and consideration
of submissions are:
• Clause 2.2 Open air burning (f)(i) amended fire size allowable without a permit to
4m x 4m x 3m high.
• Clause 2.2 Open air burning (f)(ii) added to exempt owners or occupiers of any
land or any person acting under the direction of any owner or occupier of any land
conducting a burn, on land over 1 ha in size, for primary production or broad acre
farming purposes.
• Clauses 2.2 Open air burning (d)(iv)(v), h (iii)(iv) amended to remove
inconsistencies with the CFA advice prescribing the conditions that any person
lighting an open air fire must comply with for open air burning.
• Clause 2.7 (b) amended to change the term ‘nest’ of bees to ‘unmanaged or
abandoned hives’ of bees.
• Clause 4.6 (e)(ii) amended to change the term ‘treatment plant’ to ‘approved
onsite wastewater management system’.
• Concerns about reducing in volume of domestic waste bins provided under the
Waste Services Code of Practice transferred to the Resource Recovery and
Education team for consideration.
• Some minor grammatical errors removed.
PAGE 124
A Community Impact Statement (ATTACHMENT 1) for the Greater Bendigo City Council
Community Local Law (ATTACHMENT 2) was prepared for the community.
Council’s adoption of the Greater Bendigo City Council Community Local Law is a high
priority. This is to ensure that it comes into effect prior to the automatic sunset of the
City’s Local Law No. 3 and 5 on 1 September 2018.
N/A
Timelines:
Action Date
Ordinary meeting of Council with recommendation to adopt 18 July, 2018
Greater Bendigo City Council Community Local Law.
Notice in Government Gazette and Public Notice. July, 2018
Copy of Greater Bendigo City Council Community Local Law July, 2018
to Minister.
Greater Bendigo City Council Community Local Law effective. 1 September, 2018
Environment Local Law No. 3 revoked. 1 September, 2018
Municipal Local Law No. 5 revoked. 1 September, 2018
Streets and Roads No. 4 revoked. 1 September, 2018
Progress:
The review of the City’s Local Law No. 3, 4 and 5 has been completed prior to the sunset
of Local Law No. 3 and 5 on 1 September 2018.
Risk Analysis:
With the concurrent review of the City’s Local Law No. 3, 4 and 5 it is critical that the
City’s review is finalised and Council adopt the Greater Bendigo City Council Community
Local Law prior to the 1 September 2018, when Local Law No. 3 and 5 sunset.
An internal PCG was created to oversee the local law review process which included the
Director Health and Wellbeing, previous Manager Environmental Health and Local Laws,
Manager Safe and Healthy Environments, Manager Engineering, Manager Parks and
Recreation, the City’s Legal Officer, the City’s Local Laws Officers, CBD Activation
Officer and representatives from Engineering, Regional Sustainable Development and
Business Transformations.
The draft Greater Bendigo City Council Community Local Law was developed following
an extensive consultation process that was implemented in line with the consultation and
engagement plan developed by the internal Project Control group (PCG).
PAGE 125
In considering submissions that related to the open air burning clauses in the exhibited
draft, extensive discussions and numerous meetings were required which involved the
City’s Local Laws Officers, the City’s Municipal Fire Prevention Officer (MFPO) and the
Manager Safe and Healthy Environments. The PCG were also provided with updates
throughout the exhibition period, and during the consideration of submissions.
External consultation was undertaken through the public exhibition and submission
process. The exhibition and submission process was carried out in accordance with the
requirements of the Local Government Act 1989. A summary of all submissions is
included in the report.
Twenty two (22) of the twenty three (23) submitters were contacted by City staff via
telephone and all in writing acknowledging receipt to their submission and thanking them
for taking the time to participate in the process.
A number requested to be involved in the drafting of an exemption to be added to the

open air burning clause. Those meetings were held and successfully resulted in a new
clause that was supported by key stakeholders. Those that participated in the drafting of
the exemption were provided a copy of the final wording in writing.
All submitters were notified in writing of the decision made in relation to their submission,
and the reason for the decision as required by Section 223 of the Local Government Act
1989.
The review has been completed by internal staff resources. Additional costs of
approximately $1,000 are associated with the public notice and formal exhibition
process.
Existing Local Law Officers at the City will be utilised to implement, monitor and enforce
the new Greater Bendigo City Council Community Local Law: however the resources
required to effectively enforce and monitor the City’s local law as the City grows, will
continue to be reviewed and additional resources will be sought if required.
There is no additional budget allocation in the financial year.
Attachments
1. Community Impact Statement
2. Greater Bendigo City Council Community Local Law
PAGE 126

Community Local Law
Community Impact Statement
May 2018
PAGE 127
Greater Bendigo City Council Community Local Law 2017

The City of Greater Bendigo (the City) provides the following information to the
community in respect of the Greater Bendigo City Council Community Local Law 2017
(the Local Law).
PART A – GENERAL COMMENTS

Background
It is the Council’s view that local laws are critical to ensuring the good order, peace,
amenity and good governance of the municipal district.
The Local Government Act, 1989 gives Council’s the power to make Local Laws. Local
Laws expire after ten (10) years whether or not they have been amended in the
meantime.
In 2016 it was determined to undertake a review of the following three (3) Local Laws
concurrently:

No. 3 Environment 1 September, 2018
No. 4 Streets and Roads 1 August, 2021
No. 5 Municipal Places 1 September, 2018
A Local Law review project plan was developed, which specified:
• Background and context.

• Project objectives.
• Governance arrangements.
• Key actions.
• Data analysis.
• Policy analysis.
• Community engagement plan.
• Key partnerships.
• Timelines.
Following an extensive review of available data and stakeholder consultation, the draft
Greater Bendigo City Council Community Local Law 2017 was developed.
At its ordinary meeting on 24 January 2018, Council resolved to exhibit the draft Local
Law inviting submissions. Following the consideration of all submissions, the Greater
Bendigo City Council Community Local Law 2017 was finalised, which will replace Local
Law No. 3, 4 and 5.
PAGE 128
The following Local Laws continue to apply within the municipal district:

No. 2 Keeping of Animals 1 August, 2026
No. 8 Council Meeting Procedures 1 January, 2020
No. 9 Bendigo Livestock Exchange 1 May, 2020
No. 10 Administration 1 September, 2018
No. 11 Protection of public assets 21 February, 2023
and control of building sites
It is intended that, as further local law reviews are undertaken, Council will continue to
consolidate other local laws into the Greater Bendigo City Council Community Local Law.
This will further simplify local laws for the community.
Objective
The overall objectives of the Greater Bendigo City Council Community Local Law 2017
are set out in the Local Law.
Why we need a Community Local Law?

To provide controls and standards for activities that if unregulated, are likely to have a
detrimental impact on the:
• Health, safety and wellbeing of the community.

• Peaceful enjoyment and fair use of public spaces.
• Council’s land and assets.
• Good governance of the municipality.
We achieve this by:

• prohibiting certain activities;
• requiring a permit for certain activities;
• setting standards for certain activities that require a permit; and
• including adopted policy and codes of practice as reference documents.
The changes to the current Local Law include:

• the removal of a number of clauses relating to kerbside waste collection;
• the addition of a clause controlling the use of municipal litter bins for general
residential or commercial waste;
• the inclusion of Council’s Waste Services Code of Practice as an incorporated
reference document; and
• the inclusion of Council’s Commercial Fitness Operators Policy as an incorporated
reference document.
• The inclusion of the clause giving Council the authority to control the size of open
air fires on land greater than one (1) hectare in size – excluding burns for farming
or broad acre farming practices.
• Updated the conditions under which a permit will be granted for open air fires.
PAGE 129
• Amended the clause relating to the control of European wasps and bees on
private property.
• Removed all reference to the droving of livestock through the municipality.
• Removed clause requiring the numbering of properties.
• The inclusion of the clause giving Council the authority to designate smoke-free
zones within the municipality.
• The inclusion of the requirement to obtain a permit for the placement of waste skip
bins on any road or road reserve.
• The inclusion of the requirement to obtain a permit to occupy or conduct works, on
a footpath or road reserve.
• The inclusion of a clause to control third party advertising and promotion on
footpaths and road reserves.
• The requirement for a permit for street art and information signage on a footpath
or road reserve.
Conclusions
The review has concluded that the Local Law is still the most appropriate approach to
dealing with matters of peace, order and good governance in the municipality.
The concurrent review of Local Law No. 3, 4 and 5 was a more efficient use of the City’s
resources, reducing the need for duplication of work. It has also identified a number of
clauses no longer deemed necessary to ensure peace, order and good governance.
The review process has enabled the removal of many unnecessary clauses, and the
inclusion of new clauses that supplement State legislation ensuring the City meets the
expectations of the community.
Replacing three Local Laws with the new Community Local Law simplifies Local Laws for
the community which reflects best practice and the City’s commitment to red tape
reduction.
PAGE 130
PART B – COMMENTS ON PROPOSED LOCAL LAW OVERALL

Issue Evaluation
Measures of The success of the Local Law will be measured by:

Success of • The annual surveyed level of community satisfaction.
Proposed Local • The number of requests for review of decisions made
Law under the Local Law.
• The cost of administering the Local Law.
• The extent to which it provides for and facilitates the
smooth administration and management of the Local
Law.
• The number of complaints about the specific clauses
in the Local Law.
• A general acceptance of the requirement of the Local
Law by the community monitored in social media.
Existing legislation A key purpose of the local law review was to identify where
which might be other legislation provided controls over matters included in
used instead the City’s Local Laws No. 3, 4 and 5. Where that was
identified, those clauses were removed. The City is not
aware of any additional legislation that may be used instead.
State legislation The City is not aware of any State legislation that might be
more appropriate used instead.
The Local Law compliments the land use provisions of the

Planning Scheme.
The Local Law clauses that relate to the control of tobacco

smoke supplement the State legislation.
The Local Law controls for open air burning support and
supplement the State legislation that control open air
burning.
Overlap of existing The Local Law compliments or supplements other legislation.
Legislation The City is not aware of any legislative overlap.
Overlap of Planning The City does not believe that the proposed Local Law
Scheme duplicates, overlaps or creates any inconsistency with
Council’s Planning Scheme. Representatives of the Statutory
Planning unit were included in the working group to ensure
this outcome.
Risk Assessment The City has adopted a risk management approach to the
review and does not believe that there are any significant or
unacceptable risks associated with the proposed Local Law
to the City or the community.
Legislative A key principal of the City’s review was to ensure minimum
approach adopted imposition on the community with its Local Law, while
achieving its objectives. The City reflects this approach by
providing for:
• Reasonable and transparent enforcement including
the issuing of cautions where appropriate.
PAGE 131
• The provision of a fair and transparent internal review

process.
• Implementation of a complaints handling procedure.
• Implementation of the City’s Compliance and
Enforcement Policy which provides a rationale and
decision making framework for an equitable,
transparent and consistent approach to compliance.
• Adhering to the key principals of the City’s
Compliance and Enforcement Policy which are
outcome based rather than punitive.
Restriction of The City is of the view that the introduction of this proposed
competition Local Law poses no restriction on competition and that the
proposed Local Law is in accordance with the National
Competition Principles.
Penalties The $100 value of the Local Law penalty unit has not
increased for a significant time. The review looked at the
number of penalty units applicable to each clause and
reviewed the data on the number of Penalty Infringement
Notices (PINs) issued for those offences. The review
resulted in an increase in the number of penalty units applied
to some offences: (pu = penalty unit)
Kerbside Collection:
• 2.1 (a)(b)(c)(d)(e) increased from 1pu to 2pu
Open air burning:
• 2.2 (b) increased from 2pu to 5pu
• 2.2 (c)(d)(e) increased from 2pu to 3pu
• 2.2 (f) new clause 5pu
• 2.2 (h) (i) increased from 2pu to 3pu
Burning of materials causing offence:
• 2.3 increased from 2pu to 5pu
European wasps and bees:
• 2.7 reduced from 5pu to 1pu
Protection and preservation of scheduled Council reserves
and parkland:
• 2.8 increased from 1pu to 5pu
Waste skip bins placed on the road or road reserve:
• 3.4 (a) new clause 5pu
Occupancy of footpath or road reserve for works:
Third Party Advertising on footpaths or road reserves
Designated smoke-free zones within the municipality:
• 4.2 (d) new clause – 2pu
Activities in a public place:
• 4.3 (a) increased from 2pu to 5pu
Street trading and outdoor dining facilities:
• 4.5 (a) increased from 5pu to 10pu
• 4.5 (c) new clause 10pu
Camping and Caravans:
• 4.6 (a)(b) – increased from 2pu to 5pu
PAGE 132
Permits The City considers permits and notifications as a means of

controlling activities, rather than using prohibition. The City
has found the use of permits is a very effective means of
managing activities and activating public spaces fairly and
reasonably. Permits will continue to be required for the
following activities:
• 2.2 (b) and (e)(i) Open air burning
• 2.4 (a) Motor vehicles
• 2.5 Dangerous or unsightly land
• 2.6 (a) Heavy vehicles
• 3.2 (a) Advertising signs placed on a road
• 4.1 (b) Consumption of liquor
• 4.3 (a) Activities in a public place
• 4.4 (a) Activities in the Mall
• 4.6 (a) and (b) Camping and Caravans
Following this significant Local Law review, the Local Law
has new permit requirements for the following activities:
• 2.2 (f) (i) Open air burning
• 3.4 (a) Waste skip bins placed on the road or road
reserve
• 3.5 (a) Occupancy of footpath or road reserve for
works
• 3.6 (b) Third party advertising on footpaths or road
reserves
Fees The purpose of the fees charged under the proposed Local
Law will generally be to recover the costs involved in
administering the Local Law, and not to make a profit.
Performance The Community Local Law is predominantly framed in
standards or prescriptive terms, due to Local Laws being a tool for
prescriptive regulation, as is legislation. This is necessary to be able to
regulate and control activities. It also ensures the Local Law
is robust, can be implemented fairly and can withstand legal
challenge.
Comparison with The City is well placed to be a leader for the region,
neighbouring and particularly with regards to its Local Law review and
like Councils development. The City’s Local Laws are consistent with the
intent of the neighbouring Council’s with the objective,
structure and language comparable.
Charter of Human The City has assessed the proposed Local Law for
Rights compatibility with the Charter of Human Rights and
Responsibilities Act 2006 and the City’s Human Rights
Charter. No conflicts with the charters have been identified.
Consultation An extensive consultation and engagement plan was
meetings developed and implemented which included a broad range of
internal and external stakeholders. Activities include:
• Identification of all stakeholders relevant to the review.
• Formation of an internal Project Control Group (PCG)
which met regularly throughout the review process.
• Regular meetings between the City’s Legal Officer
and the Manager Safe and Healthy Environments.
PAGE 133
• Extensive internal stakeholder meetings with relevant

staff.
• Councillor Local Law review workshop and briefing.
• Regular meetings with external government agencies.
• Extensive review of the City’s community customer
request data.
• An extensive analysis of submission and consultation
outcomes for the City’s Public Health and Wellbeing
plan and other community engagement.
• Media releases and paid advertisements in the local
media to advise the community of the Local Law
review inviting submissions.
• Information for the community added to the City’s
social media profile, social media pages and the City’s
webpage.
• Information provided at all of the City’s customer
service centres.
In accordance with section 119(2) and 223 of the Local
Government Act 1989, the City gave public notice of its
intention to make the proposed Local Law and provided
members of the community with a final opportunity to make
written submissions or be heard. Notice was also given in the
Government Gazette.
• Twenty two (22) of twenty three (23) submitters
contacted by Manager Safe and Healthy
Environments by telephone and in writing.
• Submissions considered.
• Meetings held with key internal and external
stakeholders to consider submissions
Submission In response to the public notice of the proposed Local Law,
the City received twenty three (23) submissions. No person
asked to be heard.
PAGE 134
PART C – COMMENTS ON SPECIFIC PARTS OR PROVISIONS OF THE

PROPOSED LOCAL LAW
Clause(s) Section Part A – Preliminary
or Part of Local Law
Description or • Title
heading(s) • Power to make this Local Law
• Objectives of this Local Law
• Commencement
• Revocation of Local Law
• Application of Local Law
• Cessation Date
• Definitions
• Administration
The problem the Part A provides for the required administrative functions.
provision is intended There has been no problem identified with Part A during the
to address review. It has been updated to reflect the consolidation of
Local Law No 3, 4 and 5.
Description of the Part A is necessary to ensure good governance of the
problem municipal district, in that the objective of the Local Law is
clear, and that the Council’s power to make and administer
the Local Law is clearly articulated.
Council’s Objective Explain the reason for its decisions.
objective set out? Goal 1 – Lead and govern for all.
How does proposed Part A includes all necessary administrative sections to
Local Law provision ensure good governance.
help achieve
objective?
Clause(s) Section Part B – Environment
or part of Local Law
Description or • Kerbside waste collection

heading(s) • Open air burning
• Burning of materials causing offence
• Motor vehicles on Council land
• Dangerous or unsightly land
• Heavy vehicles
• European wasps and bees
• Protection and preservation of scheduled Council
reserves and parkland
The problem the Part B is intended to control, protect and conserve the
provision is intended environment, with the aim of ensuring a safe and healthy
to address environment for residents and visitors. It seeks to control,
regulate or prohibit activities that are unsafe or detrimental to
the amenity and the environment.
Description of the Despite the Local Law clauses relating to kerbside waste
problem collection, a Code of Practice was determined to be a better
PAGE 135
tool to educate the community about their responsibilities as

a user of the City’s Waste Services.
Ongoing complaints about the detrimental impact waste
receptacles were having on amenity in the CBD and
commercial areas indicated that a control was required.
Ongoing complaints about open air burning outside the fire
danger period, on land over 1 ha in size having a detrimental
impact on the community and amenity.
Inconsistencies between the CFA conditions for open air
burning and the conditions in the Local Law.
The requirement in the Local Law for colonies of bees to be
destroyed no longer met the community’s expectations.
Controls over illegal tapping into Council drains and
Council’s power to recoup costs exist in other legislation.
Council’s Objectives Create a safe and resilient community.
Keep Greater Bendigo attractive with good quality public
facilities and places.
Implement findings of the City of Greater Bendigo 2017
Waste Review.
Demonstrate leadership in sustaining the rich biological
diversity of the Greater Bendigo region that sustains healthy
ecosystems.
objective set out? Goal 2: Wellness and Fairness.
Goal 4: Presentation and managing growth.
Goal 5: Environmental Sustainability.
How does proposed The Waste Services Code of Practice, adopted by Council is
Local Law provision now included as a reference document and penalties apply
help achieve to recalcitrant users of the service.
objective? A new clause with penalties is included controlling the times
waste receptacles can be out in Commercial zones.
A new clause is included to control open air burning on land
greater than 1 ha in size, which specifically excludes burns
for legitimate farming and primary production purposes.
Inconsistencies with the CFA requirements for open air
burning have been removed.
The clause relating to control of bees and wasps no longer
requires bee colonies be destroyed.
Unnecessary clauses have been removed.
Clause(s) Section Part C – Streets and Roads
Description or • Vehicle crossings

heading(s) • Advertising signs placed on roads
• Sale of vehicles or goods on roads
• Waste skip bins placed on the road or road reserve
• Occupancy of footpath or road reserve for works
• Third party advertising on footpaths and road reserves
The problem the Part C is intended to control certain uses of streets and
provision is intended roads, protect Council’s assets and land, and provide
PAGE 136
to address standards and conditions for certain uses.

Description of the The droving of livestock on roads through the municipality
problem was no longer undertaken.
The power for Council to require property numbers be
displayed existed in the Local Government Act 1989.
The Outdoor Dining and Street Trading Code of Practice
adopted by Council was not referenced in the criteria to be
considered for issuing a permit for an advertising sign.
Despite Council officers concerns and complaints, there was
no controls over the placement of waste skip bins on
footpaths or road reserves.
Despite complaints, there were no controls for the placement
of goods for sale on roads and road reserves, as applied to
vehicles. Goods created the same risks to the community as
vehicles.
There were no controls for the occupancy of footpaths, roads
or road reserves for private works despite complaints and an
expected response from Council.
There were no controls over third party advertising or
promotion on footpaths or road reserves, despite complaints
and an expectation that Council would respond.
Council’s Objective Create safe and resilient communities.
Objective set out? Goal 2: Wellness and Fairness.
How does proposed All references to the droving of stock have been removed,
Local Law provision contributing to good governance and the removal of
help achieve unnecessary red tape.
objective? The Outdoor dining and Street Trading Code of Practice
adopted by Council is now listed in the matters to be
considered when issuing a permit. This is critical to ensuring
the City maintains a high standard of presentation.
A permit is now required for the placement of skip bins and
goods for sale on footpaths or road reserves, and occupancy
of a footpath for works to give Council control over this
activity, ensuring public safety and amenity.
A permit is now required for third party advertising or
promotion on footpaths and road reserves to give Council
control over this activity, ensuring public safety and amenity.
Clause(s) Section Part D – Municipal Places
Description or • Consumption of liquor

heading(s) • Restrictions relating to smoking in the municipality
• Activities in a public place
• Activities in the Mall
• Street trading and outdoor dining
• Camping and caravans
PAGE 137
• Behaviour
The problem the Part D is intended to provide for peace and good order of the
provision is intended municipal district, the safe and fair use and enjoyment of
to address public places, and provide standards and conditions for
certain uses.
Description of the The control of cigarette vending machines in buildings on
problem Council land can be controlled via other mechanisms.
Council and the community expressed an expectation that
Council should have the ability to declare smoke-free areas
in the municipality.
The requirement for a permit and the matters to be
determined when granting a permit, for holding a street party,
procession, demonstration or other like assembly were
separate from other like requirements.
The clause controlling the use of toy vehicles was no longer
relevant.
All reference to vehicles in the Mall are not required as there
were appropriate controls in other legislation.
The clause prohibiting dogs, riding bikes and skateboards in
the Mall was not used, or deemed appropriate.
There were insufficient controls over activities in the mall
including advertising, promotion and signage.
Wording in the controls relating to behaviour were outdated.
Council’s Objective Create a much healthy Greater Bendigo.
Promote community connection.
Create a safe and resilient community.
Reduce harm from tobacco.
objective set out? Goal 2: Wellness and fairness.
Greater Bendigo Health and Wellbeing Plan 2017-2021.
Healthy and Well - Reduce harm from tobacco.
How does proposed The clause relating to the control of cigarette vending
Local Law provision machines has been removed, contributing to good
help achieve governance and the removal of unnecessary red tape.
objective? A clause giving Council the ability to declare areas of the
municipality smoke-free and the process by which this can
happen has been added. This responds to the City’s
Municipal Public Health and Wellbeing Plan goal of reducing
harm from tobacco and the Community Plan action objective
of creating a much healthy Greater Bendigo.
Clauses relating to vehicles in the Mall have been removed
contributing to good governance and the removal of
unnecessary red tape.
The clause banning dogs from the Mall has been amended
to dogs must be on a lead contributing to Council’s objective
of promoting community connection.
The activities requiring a permit in the mall have been
updated providing controls over the fair activation of the
PAGE 138
space and its presentation.

Clause(s) Section Attachments
Description or • Proclaimed area map no. 1: Central business area

heading(s) • Proclaimed area map no. 2: Eaglehawk area
• Proclaimed area map no. 3: Heathcote area
• Proclaimed area map no. 4: Epsom area
• Proclaimed area map no. 5: Huntly area
• Proclaimed area map no. 6: Goornong area
• Proclaimed area map no. 7: Elmore area
• Proclaimed area map no. 8: Kangaroo Flat shopping
centre
• Environmental management plan scheduled reserves
and parkland
The problem the The attachments are necessary to ensure good governance
provision is intended of the municipal district, by clearly defining the municipal
to address areas that the controls over the consumption of liquor apply
to. It also includes the Environmental Management Plan
Scheduled Reserves and Park Land.
Description of the Some maps were outdated and the review provided the
problem opportunity to provide maps with current data.
The environment management plan had not been reviewed
for some time.
Council’s Objective Explain the reasons for its decisions.
Create a safe and resilient community.
Demonstrate leadership in sustaining the rich biological
diversity of the Greater Bendigo region that sustains healthy
ecosystems.
objective set out? Goal 1 – Lead and Govern for All.
Goal 2 – Wellness and Fairness.
Goal 5 - Environmental sustainability.
How does proposed Clearly defining areas where controls over the consumption
Local Law provision of liquor apply contributes to good governance.
help achieve Reviewing the environment management plan for scheduled
objective? reserves and park land ensures that the Local Law has
appropriate controls to ensure protection of reserves and
park land.
PAGE 139
PART D – RISK APPROACH

Risk Risk Description of Measure to Control Sub risk
Identified Rating issue Risk rating
Low/Med/ Low/Med/
High High
Residents Medium Residents Develop and implement Low
not aware of unintentionally a media program
the Local undertake advertising the new
Law prohibited activities. Local Law.
Residents Local Laws officers
undertake activities engage with community
without the required in line with the City’s
approval. compliance policy
framework of inform and
educate in the first
instance.
Extensive planning and
stakeholder
engagement during the
Local Law review
process.
Enforcement Medium Unauthorised and / Ensure all Local Law Low
of the Local or inconsistent staff are Authorised
Law application of the under s224 of the Local
Local Law. Government Act 1989.
Development of a multi-
skilled Local Laws team
trained in the application
of the Local Law
enforcement provisions.
Documented
enforcement processes
and officer
accountability.
A robust decision
making matrix for review
of infringement notices.
The Administration
Local Law provides a
process to appeal a
decision to refuse a
permit.
The new High Failure to Implement the new Low
Local Law implement the Local Local Law.
not being Law would result in
implemented Council being
unable to deliver of
the objectives of the
Local Law.
Local Law No. 3
PAGE 140
and 5 sunset
September 1, 2018
and failure to
implement the new
Local Law would
mean no controls
would exist.
Failure to Medium Breach of the Local At its ordinary meeting Low

request or Government Act on 24 January 2018, the
hear 1989. Greater Bendigo City
submissions Council resolved to
propose to adopt the
new Local Law. The
Local Law was publically
exhibited for 28 days.
Written and verbal
submissions on the draft
Local Law were called
for in public
advertisements and the
Government Gazette.
Only written
submissions were
received. All
submissions were
reviewed and informed
the final version of the
Local Law. Those that
requested to be involved
in the final wording were
invited to do so.
Cost burden Low Residents unable to Council considers Low
to residents afford application application fees and
for obtaining fees. charges as part of the
permits annual budget process.
Payment plans are an
appropriate option in
some instances. Pro-
rata fees are included in
the fee structure. The
CEO has the delegated
authority to waive or
reduce fees where
appropriate.
Failure to Medium Loss of community A comprehensive Low
consult with confidence. community engagement
community Drafting plan was developed and
inappropriate Local implemented.
Laws.
Poor Service Medium Dissatisfied The City has a customer Low
PAGE 141
Quality residents. Loss of service charter that

confidence in the provides direction,
City’s services. guidance and service
standards for dealing
with customer requests
and concerns. All staff
are inducted and
monitored to ensure
consistency with the
charter.
PAGE 142

Community Local Law
PAGE 143
TABLE OF CONTENTS
Greater Bendigo City Council Community Local Law
PART A- PRELIMINARY 4
1.1 Title 4
1.2 Power to make this Local Law 4
1.3 Objectives of this Local Law 4
1.4 Commencement 4
1.5 Revocation of Local Law 4
1.6 Application of Local Law 4
1.7 Cessation Date 5
1.8 Definitions 5
1.9 Administration 8
PART B - ENVIRONMENT 10
2.1 Kerbside waste collection 9
2.2 Open air burning 9
2.3 Burning of materials causing offence 11
2.4 Motor vehicles on Council land 11
2.5 Dangerous or unsightly land 12
2.6 Heavy Vehicles 12
2.7 European wasps and bees 13
2.8 Protection and preservation of scheduled Council 13
Reserves and Parkland
PART C - STREETS AND ROADS 15
3.1 Vehicle crossings 15
3.2 Advertising signs placed on roads 16
3.3 Sale of vehicles or goods on roads 16
3.4 Waste skip bins placed on the road or road reserve 16
3.5 Occupancy of footpath or road reserve for works 16
3.6 Third party advertising on footpaths and road 16
reserves
PART D - MUNICIPAL PLACES 18
4.1 Consumption of Liquor 18
4.2 Restriction relating to smoking in the Municipality 18
4.3 Activities in a public place 19
4.4 Activities in the Mall 20
4.5 Street trading and outdoor dining facility 20
4.6 Camping and Caravans 20
4.7 Behaviour 21
ATTACHEMENTS
Proclaimed area map no. 1: Central business area 22
Proclaimed area map no. 2: Eaglehawk area 23
Proclaimed area map no. 3: Heathcote area 24
Proclaimed area map no. 4: Epsom area 25
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ATTACHEMENTS
Proclaimed area map no. 5 : Huntly area 26
Proclaimed area map no. 6 : Goornong area 27
Proclaimed area map no. 7 : Elmore area 28
Proclaimed area map no. 8 : Kangaroo Flat 29
shopping centre
Environmental Management Plan Scheduled 30
Reserves and Park Land
PAGE 145
PART A - PRELIMINARY
1.1 Title
This is the Greater Bendigo City Council Community Local Law.
1.2 Power to make this Local Law
This Local Law is made under Section 111 of the Local Government Act 1989.
1.3 Objectives of this Local Law
The objectives of this Local Law are to:
(a) provide for the peace, order and good governance of the municipal district,
(b) provide a safe and healthy environment so that the community and visitors
can enjoy a quality of life that meets its expectations,
(c) prohibit, regulate and control activities, events, practices or behaviours in

public places so that no detriment is caused to the amenity of the area, nor
nuisance to a person nor detrimental effect to a person's property,
(d) provide for the safe and fair use and enjoyment of public places,
(e) provide for the safe and fair use of roads,
(f) protect Council assets and land and regulate their use; and
(g) to provide standards and conditions for certain activities in relation to the
physical and visual environment within the municipality.
1.4 Commencement
This Local Law comes into operation on the first day of September 2018.
1.5 Revocation of Local Law
On the commencement of this Local Law the following City of Greater Bendigo
Local Laws are revoked:
• Local Law no. 3 - Environment

• Local Law no. 4 - Streets and Roads
• Local Law no. 5 - Municipal Places Local Law
1.6 Application of this Local Law
(a) This Local Law applies throughout the whole of the Greater Bendigo City
Council, except where it is indicated that a Clause or Schedule applies to
specific areas.
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(b) This Local Law does not apply where any act or thing otherwise prohibited or
regulate by this Local Law is authorised by any Act, Rule, Regulation or
Planning Scheme.
1.7 Cessation date
Unless this Local Law is revoked sooner its operation will cease on the day which is
10 years after the day on which it came into operation.
1.8 Definitions
Act means the Local Government Act 1989.
Advertising sign means any placard, notice board, sign, structure,

banner, A-frame or similar device, whether portable or
affixed to any structure, which is used for the purposes
of soliciting sales or notifying persons of the presence of
an adjacent property where goods or services can be
obtained.
Amenity means a desirable or useful feature or facility of a

building or place.
Authorised Officer means a person appointed by Council under Section 224

of the Local Government Act 1989 or a Police Officer
appointed under Section 224A of the Local Government
Act 1989.
Barbecue means a structure or device:

(a) designed or constructed for the primary purpose of
cooking food, and
(b) which is being used for the purposes of cooking food
or is being prepared to cook such food.
Busk/busking means to perform to the public, whether by acting,

juggling and singing, playing a musical instrument or
otherwise entertaining passers-by, with or without
collecting money.
Camp/camping means using a caravan, tent, swag, motor vehicle,

shipping container, shed or like structure for residential
accommodation (either temporary or permanent) by a
person or persons, and 'camp' has corresponding
meaning.
Caravan/mobile home means any campervan, mobile home or similar vehicle

which includes sleeping and/or living facilities, whether
manufactured or converted, and includes a caravan,
PAGE 147
camper trailer and other similar towed living/sleeping

trailer facility, whether or not any of the wheels or axles
have been removed so the body of the structure is
resting on the ground or other supports and includes
structure annexed thereto.
Chief Executive Officer means the person appointed by Council to be its Chief
Executive Officer or any person acting in that position.
Clause means a clause of this Local Law and sub-clause has a

corresponding meaning.
Outdoor Dining and means a policy document that supports the City’s
Street Trading Code of decisions for approving outdoor dining and street
Practice trading, which is attached to this Local Law as an
incorporated reference document and which may be
amended from time to time.
Commercial Fitness means a policy document that supports the City’s

Operator Policy decisions for determining suitable commercial fitness
activities, which is attached to this Local Law as an
incorporated reference document and which may be
amended from time to time.
Commercial means land zoned for the purpose of commercial uses

and development as defined under the Greater Bendigo
Planning Scheme.
Council means the Greater Bendigo City Council.
Council land means any land owned by or vested in or under the care,
management and control of Council, and include, all
roads, reserves and water courses.
Environmental means a list of Council owned or managed reserves,

Management Plan which specifies prohibited activities on those
for Scheduled reserves for the protection and conservation of those
Reserves and Park reserves and which is attached to this Local Law
Land as an incorporated reference document.
Heavy vehicle has the same meaning as the Road Safety Act 1986.
Incinerator means a structure or device able to be used for the

purpose of burning matter, substance or material, but
does not include a barbecue or pizza oven.
Industrial zone means land zoned for the purpose of industrial uses and
development as defined under the Greater Bendigo
Planning Scheme.
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Liquor means any alcoholic beverage, and any liquid is deemed

to be liquor until the contrary is proven.
Mall means that part of Hargreaves Street, Bendigo between

Mitchell Street and Williamson Street.
Motor vehicle has the same meaning as the Road Safety Act 1986.
Open air fire means a fire lit in the open air, not including a barbeque.
Outdoor dining facility means any approved area containing tables or chairs or
both tables and chairs, located out of doors on a footpath
or part of a road in which food or drink is served and may
be consumed.
Procession means an organised group of people proceeding along a

road or gathering for a ceremony or function and includes
fun runs and bicycle events.
Properly constructed means a fireplace constructed of stone, metal,

fireplace concrete or other non-flammable material in a manner
which contains the perimeter of a fire.
Public place means, but not limited to:
(a) any public highway, road, street, footway, court,

mall, alley or thoroughfare, notwithstanding that it
may be formed on private property;
(b) any public garden, reserve or other place of public
recreation or resort;
(c) any open space to which the public have or are
permitted to have access;
(d) Crown Land;
(e) Council land or land owned by or vested in any
public Authority.
Refuse includes rubbish of a domestic or commercial nature

(except sewage and manure) produced in or about any
house, building or premises, but does not include trade
waste from food manufacturing plants, or industrial
waste material.
Residential means any land used predominantly for residential

purposes and includes land in the Residential Growth,
General Residential, Low Density Residential, Mixed
Use, Township and Rural Living zones pursuant to the
Greater Bendigo Planning Scheme.
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Road means any area that is open to or used by the public and
is developed for, or has as one of its main uses, the
driving of motor vehicles and includes a street, right of
way, a public road under the Road Management Act
2004, footpath, bridge, bicycle path nature strip and other
land or works forming part of the road.
Responsible road means the road Authority which has operational

authority functions as determined in accordance with Section 37 of
the Road Management Act 2004.
Solid fuels means heat beads, briquettes and dry timber.
Street party means an organised, recreational, cultural, commercial

or social gathering of people held on a road.
Street trading means the use of a road or part thereof, including a

footpath, for the sale or display of goods or signs or for
an outdoor dining area, whether or not such activity has
been approved by the Council.
Traffic means the movement of people by foot or in or on

vehicles, along, across or within a road.
Toy vehicle means recreational equipment designed to be propelled

by human power and includes a skateboard, scooter,
roller and in-line skates.
Vehicle has the same meaning as the Road Safety Act 1986.
Waste receptacle means a wheeled garbage bin approved by Council.
Waste Services Code means a policy document supporting the City's

of Practice kerbside collection service, which is attached to this
Local Law as an incorporated reference document and
which may be amended from time to time.
1.9 Administration
(a) Notices to Comply, Notices of Impounding, Infringement Notices and Permits

for this Local Law may be issued by an Authorised Officer pursuant to the
Administration Local Law No. 10.
(b) A Police Officer appointed as an Authorised Officer pursuant to Section 224a

of the Local Government Act 1989, may serve an Infringement Notice on any
person believed to have contravened or failed to comply with Clause 4.1 of
this Local Law.
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PART B - ENVIRONMENT
2.1 Kerbside waste collection
(a) The occupier(s) of any premise where a kerbside waste collection service is
provided shall use waste receptacles which are approved by Council.
(b) In Residential areas, waste receptacles shall not be placed outside the
property boundary except within twenty four (24) hours either side of the day
of refuse collection.
(c) In Commercial areas waste receptacles shall not be placed outside the
property boundary between 10.00am (1000hrs) and 5:30pm (1730hrs) each
day, regardless of the frequency of collection.
(d) Municipal litter bins must not be used for the disposal of general residential or
commercial waste.
(e) The occupier(s) of any premises where a kerbside waste collection service is
provided will have regard to any matters prescribed within the City of Greater
Bendigo’s Waste Services Code of Practice.
2.2 Open air burning
This section applies to all land within the Greater Bendigo Municipality, including
land zoned Commercial or Industrial under the Greater Bendigo Planning Scheme.
(a) A person must not light an incinerator at any time.
(b) A person must not light or allow to be lit, or allow to remain alight any fire in
the open air during the declared Fire Danger Period as specified by the
Country Fire Authority, unless authorised by a written permit issued under the
Country Fire Authority Act 1958.
PENALTY: Five penalty units
(c) Unless prohibited pursuant to any Act, Regulation or fire danger period, a
person may only light an open air fire for cooking or warmth, provided only dry
solid fuels are used and that the fire is in:-
(i) a barbeque; or
(ii) a properly constructed fire place.
PENALTY: Three penalty units
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(d) An open air fire constructed for warmth or cooking shall:-
(i) be located no closer than 3 metres to the property boundary or 3 metres

to any building; and
(ii) be cleared of flammable material for a minimum radius of 3 metres; and
(iii) not occupy an area in excess of 1 metre square and the size and
dimensions of solid fuel used are the minimum necessary for the
purpose; and
(iv) must not be used when the wind speed in the vicinity of the fire is
stronger than 15kph; and
(v) be supervised by an adult at all times whilst an open air fire is being used
and who shall ensure that there is immediately available a container of
not less than 9 litres of water or a charged hose for safety precautions;
and
(vi) must use dry solid fuel, untreated timber; and
(vii) shall not cause a nuisance to neighbours.
(e) This clause applies only to land one (1) hectare or less in size.
(i) A person shall not without a written permit from an Authorised Officer
light an open air fire to burn dry solid fuels for fuel reduction purposes
only unless authorised pursuant to an Act or Regulation.
(ii) A person who has lit or allowed to remain lit a fire in the open air to burn
dry solid fuels without a permit from an Authorised Officer must
immediately extinguish same when directed to do so by an Authorised
Officer, Police Officer or an officer or member of a Fire Authority acting in
an official capacity.
(f) This clause applies only to land greater than one (1) hectare in size:-
(i) Any person before lighting an open air fire to burn dry solid fuel for fuel
reduction purposes, must ensure that it does not exceed any of the
prescribed dimensions of 4 metres width, 4 metres length and 3 metres
in height, unless authorised by a written permit to do so.
(ii) Subsection (i) does not apply to the owner or occupier of any land or a
person acting under the direction of an owner or occupier of any land
conducting a burn for primary production or broad acre farming
purposes.
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(g) In determining whether to issue a permit under clause (f)(i), the Authorised
Officer shall have regard to whether the permit is required in order to protect
property, the general health of the community or any other purpose that in the
opinion of the Authorised Officer is deemed to be a reasonable request.
(h) Any person before lighting an open air fire must ensure that before the open
air fire is lit, it must:-
(i) not be located closer than 3 metres to the property boundary or 3 metres
to any building; and
(ii) is cleared of flammable material for a minimum radius of 3 metres; and
(iii) not be lit when the wind speed in the vicinity of the fire is stronger than
15kph; and
(iv) be supervised by an adult at all times whilst an open air fire is being used
and who shall ensure that there is immediately available a container of
not less than 9 litres of water or a charged hose for safety precautions;
and
(v) must use dry, untreated timber; and
(vi) shall not cause a nuisance to neighbours.
(i) Before an open air fire is lit the property owner or responsible person must
notify adjoining neighbours and the Emergency Services Telecommunications
Authority (ESTA), or relevant Authority of their intention to light an open air
fire.
2.3 Burning of materials causing offence
(a) A person shall not burn or cause to be burned any of the following or any
substance containing any of the following:-
(i)
manufactured chemicals; or
(ii)
rubber or plastic; or
(iii)
petroleum, oil or derivative thereof; or
(iv)
paint or receptacle which contains or which contained paint,
food waste, fish or other offensive or noxious matter; or
(v) explosive material; or
(vi) container which may cause an explosion; or
(vii) green waste or damp garden refuse including leaves; or
(viii) cardboard or newspaper; or
(ix) any other material deemed offensive or dangerous by an Authorised
Officer of the Council.
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2.4 Motor vehicles on Council land
(a) A person shall not cause or permit a motor vehicle to be on Council land other
than:-
(i) on a road; or
(ii) in a designated parking area; or
(iii) in an area where provision has been specifically made for the entry or
accommodation of motorised vehicles.
(b) Any person responsible for a breach of subsection (a) shall meet the costs
incurred by Council of any repair or reinstatement works considered by
Council to be necessary as a result of damage caused by such vehicle.
(c) Subsection (a) shall not preclude the entry onto public land of an emergency
vehicle, City of Greater Bendigo Council vehicle or a vehicle operated by a
Public Authority.
2.5 Dangerous or unsightly land
Unless otherwise permitted by a permit issued pursuant to the Greater Bendigo

Planning Scheme, an owner or occupier of land must ensure that the land in the
opinion of an Authorised Officer:-
(a) does not constitute a danger to health or property,
(b) does not constitute a fire hazard,
(c) is not unsightly or detrimental to and does not adversely affect the general
amenity of the adjoining land or the neighbourhood by the appearance of
(including but not limited to):-
(i) stored unregistered motor vehicles;
(ii) machinery or any parts thereof;
(iii) scrap metal;
(iv) second hand timber and or building materials;
(v) waste paper;
(vi) rags;
(vii) bottles;
(viii) soil or similar materials;
(ix) overgrown vegetation.
(d) is not used in any manner that may cause a nuisance or become detrimental
to the amenity of the immediate area.
PENALTY: Five penalty units, and one penalty unit for each day after a finding of
guilt by any Court during which the breach continues.
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2.6 Heavy Vehicles
(a) It is an offence for a person to allow a heavy vehicle to be parked, kept, stored
or repaired on any property in a Residential area without a permit issued by
the Chief Executive Officer or his/her delegate.
PENALTY: Five penalty units, and one penalty unit for each day after a finding of
guilt by any Court during which the breach continues.
(b) In determining whether to grant a permit for the purposes of sub-clause (a),
the Authorised Officer shall have regard to-
(i) the possible impacts on adjoining properties; and

(ii) the amenity of the area; and
(iii) any other matters considered relevant by the Chief Executive Officer or
his/her delegate.
(c) A permit will not be granted under sub-clause (a) unless the following
minimum conditions are complied with:-
(i) the engine of such vehicles shall not be started before 6.00am; and
(ii) no exhaust breaks shall be used when parking; and
(iii)animals shall not be housed within the heavy vehicle when stationary;
and
(iv) operation of any compressor driven refrigeration unit on the vehicle shall
not be permitted; and
(v) parking of the heavy vehicle shall not cause any visual obstruction for
motorists using adjoining roads or driveways; and
(vi) any other matter considered relevant by the Chief Executive Officer or
his/her delegate.
2.7 European wasps and bees
(a) Any person who is the owner or occupier of any land upon which is located a
colony of European wasps, shall cause all such colonies to be destroyed in
such a manner that ensures that all the wasps are killed within five (5) days of
being directed to do so by an Authorised Officer.
PENALTY: One penalty unit
(b) Any person who is the owner or occupier of any land upon which is located an
unmanaged or abandoned colony of bees, shall cause all such colonies to be
removed or destroyed in such a manner that ensures that the colony is
removed or destroyed within five (5) days of being directed to do so by an
Authorised Officer.
PENALTY: One penalty unit
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2.8 Protection and preservation of scheduled Council reserves and parkland
(a) A person shall not, within any area listed in the Environmental Management
Plan Scheduled Reserves and Park Land, carry out any activity prohibited in
that schedule.
(b) The Environmental Management Plan Scheduled Reserves and Park and is
attached to this Local Law.
PAGE 156
PART C - STREETS & ROADS
3.1 Vehicle crossings
This section applies to all properties which have vehicles accessing them.
(a) Require by written notice that the vehicle crossing be constructed, modified or
replaced, so that it complies with Council’s approved standard drawings for
vehicle crossings.
(b) Notice in writing shall specify reasonable time for compliance with sub-clause
(a) failure to comply with the notice in the specified time frame is an offence.
3.2 Advertising signs placed on roads
(a) A person shall not place an advertising sign on any part of a road without a
permit from the Chief Executive Officer or his/her delegate
(b) In considering whether to grant a permit for an advertising sign on any part of
a road the Chief Executive Officer or his/her delegate shall have regard to the
following criteria:-
(i) any matter prescribed within the City of Greater Bendigo’s Outdoor
Dining and Street Trading Code of Practice,
(ii) such sign shall be suitably constructed and weighted to be safe and
stable in strong winds
(iii) such advertising sign shall be located to ensure a clear footway area
measuring a minimum of 1.8 metres from the property frontage and a
minimum of 0.75 metres from the face of the kerb
(iv) such signage shall be placed where it does not affect traffic visibility
(v) such signage shall not be placed on a median roundabout, tree reserve
or other public reserve
(vi) public liability insurance shall be provided by the owner of such signage
to a sum specified by Council.
(c) An Authorised Officer may impound any advertising sign erected or placed on
any part of a road contrary to Clauses 3.2 (a) and (b). An Authorised Officer
may take all reasonable steps to facilitate the impounding of such signs.
Where such steps are taken Council and the Authorised Officer whether
together or individually shall not be liable for any reinstatement costs.
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3.3 Sale of motor vehicles or goods on roads or road reserves.
(a) A person must not park a vehicle or goods on a road or public place as
defined under Clause 1.8 of the Local Law while that vehicle displays a sign or
inscription which promotes or advertises the sale of the vehicle.
(b) An infringement for this offence may be served in the same manner as section
12(c) of the Infringements Act 2006.
3.4 Waste skip bins placed on the road or road reserve.
(a) A person must not without a permit, place a waste skip bin on any road or
road reserve.
(b) In considering whether to grant a permit for any waste skip bin on any part of
a road the Chief Executive Officer or his/her delegate shall have regard to the
following criteria:
(i) Vic Roads Code of Practice for the Placement of Waste Bins on
Roadsides 2001, with any amendments or its successor is incorporated
into this Local Law; and
(ii) public liability insurance shall be provided by the owner of such waste
skip bin to a sum specified by Council.
3.5 Occupancy of footpath or road reserve for works.
(a) A person must not occupy a footpath or road reserve to conduct works on
private property without a permit.
(b) In considering whether to grant a permit to temporarily occupy a footpath or

road reserve, on any part of a road, the Chief Executive Officer or his/her
delegate shall have regard to the following criteria:
(i) safety and amenity of other users of the footpath/or road reserve; and
(ii) public liability insurance shall be provided by the person conducting the
works to a sum specified by Council.
3.6 Third party advertising on footpaths or road reserves.
(a) Third party advertising and promotion is not permitted on footpaths or road
reserves.
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(b) A person wishing to install street art, information signage on the footpath or
road reserve must obtain a permit.
(c) In considering whether to grant a permit the Chief Executive Officer or his/her
delegate shall have regard to the following criteria:
(i) safety and amenity of other users of the footpath/or road reserve; and
(ii) public liability insurance shall be provided by the person conducting the
activity to a sum specified by Council.
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PART D - MUNICIPAL PLACES
4.1. Consumption of Liquor
(a) A person must not:
(i) in or at a public place; or

(ii) in or on a vehicle which is in or at a public place
consume any liquor, or have any liquor in their possession or under their control,
other than in a sealed container, in or on any public place located in areas
proclaimed by Council, unless the public place is part of a licensed premises or
authorised premises pursuant to the Liquor Control Reform Act 1998.
(b) The Chief Executive Officer or his or her delegate may grant a permit for the
consumption of any liquor or for the possession of liquor in an unsealed
container in any public place within a location proclaimed by Council.
(c) In determining whether to grant a permit, the Chief Executive Officer or his or
her delegate shall have regard to:
(i) the nature of the event at which the liquor is to be consumed; and
(ii) any other matter considered relevant by the Chief Executive Officer or
his or her delegate.
4.2 Designation of smoke-free zones within the municipality
(a) The Council, or the Chief Executive Officer under delegation, may designate
by Notice in the Government Gazette an area or areas within the municipality
as a smoke-free zone.
(b) The Notice referred to in sub-section (a) must:
(i) specify the date on which the designation has effect; and
(ii) be published in a newspaper circulating in Victoria; and
(iii) be kept in a register of designations under this clause available for public
inspection.
(c) The Council must cause any area designated under sub-section (a) to be
sufficiently signed to reasonably notify members of the public it is a smoke-
free zone and smoking is prohibited.
(d) It is an offence for a person to smoke within an area designated under sub-
clause (a).
PAGE 160
(e) For the purpose of sub-clause (d) smoke means smoke, hold or otherwise
have control over an ignited or heated tobacco product; or use an e-cigarette
to generate or release an aerosol or vapour.
4.3 Activities in public places
(a) It is an offence for a person while in a public place to:
(i) speak to an assembly of people; or

(ii) use amplifying equipment; or
(iii)perform or conduct any form of entertainment or instruction; or
(iv) hold a street party, procession, demonstration or other like assembly; or
(v) erect any booth, kiosk, tent or other temporary building structure or
display; or
(vi) use Council owned or managed land or facilities for the purpose of
commercial gain or events
without a permit issued by the Chief Executive Officer or his/her delegate.
(b) In determining whether to grant a permit for the purposes of sub-clause (a),
the Chief Executive Officer or his/her delegate shall have regard to:
(i) any matter prescribed within the City of Greater Bendigo’s Outdoor
Dining and Street Trading Code of Practice as amended from time to
time;
(ii) any matter prescribed within Commercial Fitness Operator Policy as
amended from time to time;
(iii) in relation to businesses operating adjacent to roads and road reserves,
whether the consent of Victoria Police or VicRoads is required and
obtained; and
(iv) any other matter considered relevant by the Chief Executive Officer or
his/her delegate.
(c) It is an offence for a person while in a public place to use or allow to be used
any object or thing as to endanger, harm, intimidate, unduly obstruct or hinder
any other person or vehicle using or intending to use the same area, or
damage any public building, structure, furniture, object or fitting.
4.4. Activities in the Mall
(a) A person shall not without a permit from the Chief Executive Officer or
his or her delegate:
(i) display or erect any advertisement, notice, plaque or sign: except in

Council approved community signage boards; or
PAGE 161
(ii) conduct an event or activity; or

(iii)use Council owned or managed land or facilities for the purposes of
commercial gain; or
(iv) perform any form of entertainment; or
(v) disrupt the flow of pedestrian traffic.
(b) A person who desires to obtain a permit for such purposes shall make written
application in the approved form. The application shall be lodged with Council
and shall be accompanied by the prescribed fee and any such other
information as Council may require as prescribed in the Code of Practice.
(c) Dogs must be kept on a lead within the Mall at all times.
4.5. Street trading and outdoor dining facility
(a) A person shall not without a permit, engage in Street Trading or erect or place
an Outdoor Dining Facility on any footpath or part of a road.
(b) In determining whether to grant permission, the Chief Executive Officer or his
or her delegate shall have regard to:
(i) matters prescribed by the City of Greater Bendigo’s Outdoor Dining and
Street Trading Code of Practice; and
(ii) any other matter considered relevant by the Chief Executive Officer or
his or her delegate.
(c) It is an offence for a person to not comply with all conditions relevant to the
approval given.
4.6 Camping and caravans
(a) A person shall not without a permit occupy a tent, caravan or other temporary
or make-shift structure in any public place.
(b) A person shall not occupy a tent, caravan or other temporary or makeshift
structure on private property for more than a total of 21 days in any calendar
year, without a permit.
(c) Subclauses (a) and (b) of this Clause do not apply to persons within an area
registered under the Residential Tenancy Act 1997 or camping within a
recognised camping reserve.
PAGE 162
(d) In determining whether to grant a permit pursuant to this Clause the Chief
Executive Officer or his or her delegate shall have regard to:
(i) whether the amenity of the area will be detrimentally affected,

(ii) whether adequate facilities will be available to occupants; and
(iii) any other matter considered relevant by the Chief Executive Officer
or his/her delegate.
Such a permit shall not be granted for a period greater than six months unless special
circumstances apply:
(e) A person wishing to obtain a permit to occupy a caravan upon a property

where that person intends to build a dwelling must satisfy the following
criteria:
(i) have a current valid building permit for the dwelling,

(ii) have installed an approved onsite wastewater management system or be
connected to reticulated sewerage system,
(iii) have installed proper sanitation facilities as required by Councils
Environmental Health Officers; and
(iv) that all domestic refuse will be adequately disposed of.
Such a permit shall not be granted for a period greater than six months but is renewable
subject to the Council being satisfied as to the progress of the construction of the
dwelling. The application must be in writing and give appropriate details of the proposed
living arrangements whilst the dwelling is being constructed.
4.7 Behaviour
A person must not in, on or within the hearing or sight of a public place:
(a) cause or commit any nuisance;

(b) adversely affect the amenity of that public place;
(c) interfere with the use or enjoyment of that public place or the personal comfort
of another person in or on that public place;
(d) annoy, molest or obstruct any other person in or on that public place;
(e) defecate or urinate except in a toilet or urinal (as the case may be) in a public
convenience; or
(g) use any threatening, abusive or insulting words.
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Environmental Management Plan Scheduled

Reserves and Park Land
Crusoe Reservoir and No.7 Kennington Reservoir Natural

O'Keefe Rail Trail
Park Reserve
Passive Recreation Allowed Passive Recreation Allowed
Walking and Cycling Allowed Active Recreation Inc. Ball Games Prohibited
Fishing Prohibited (At No.7 Park) Walking and Cycling Allowed
Fishing Allowed (At Crusoe Res) Fishing Allowed
Swimming Prohibited (At No.7 Park) Dogs (On Lead Only)
Swimming Allowed (At Crusoe Res) Non-Power Boating Allowed
All Domestic Pets Prohibited Power Boating Prohibited
Dogs Prohibited Swimming Prohibited
Horse Riding Prohibited Littering Prohibited
Carry Out Rubbish Only Dumping of Garden Waste Prohibited
Littering Prohibited Motorcycles Prohibited
Dumping of Garden Waste Prohibited Prospecting Prohibited
Camping Prohibited Lighting Fires Prohibited
Prospecting Prohibited
Power Boating Prohibited
Non-Power Boating Allowed (At Crusoe Res)
All Boating Prohibited (At No.7 Park)
Motorcycles Prohibited
Horses Prohibited
Lighting Fires Prohibited
Lake Neangar Reserve
Lake Weeroona Reserve
(Including Lake Tom Thumb)
Passive Recreation Allowed Passive Recreation Allowed
Walking and Cycling Allowed Walking and Cycling Allowed
Swimming Prohibited Active Recreation Inc. Ball Games Allowed
Fishing Allowed Fishing Allowed
Littering Prohibited Swimming Prohibited
Dumping of Garden Waste Prohibited Dogs (On Lead Only)
Dogs (On Lead Only) Littering Prohibited
Camping Prohibited Dumping of Garden Waste Prohibited
Prospecting Prohibited Camping Prohibited
Power Boating Prohibited Prospecting Prohibited
Non-Power Boating Permitted Power Boating Prohibited
Motorcycles Prohibited Non-Power Boating Permitted
Lighting Fires Prohibited Motorcycles Prohibited
Lighting Fires Prohibited
PAGE 172
7.4 LOAN BORROWINGS 2017/2018
Author Nathan Morsillo, Manager Financial Strategy
Responsible Steven Abbott, A/Director Corporate Performance

Acting Director
Purpose/Summary
The purpose of this report is to confirm Council’s approval to borrow $3M in line with
the Council’s 2017/2018 Adopted Budget; and to authorise the Chief Executive Officer
or Director Corporate Performance to execute all documents necessary to give effect
to the loan borrowings.
RECOMMENDATION
That the Greater Bendigo City Council approve the $3M loan borrowings in line with
the Councils 2017/2018 Adopted Budget and authorise the Chief Executive Officer or
Director Corporate Performance to:
1. negotiate the loan;

2. approve the successful tender; and
3. sign the loan documentation.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

City of Greater Bendigo Community Plan 2017-2021
Objective: 1.3 Be innovative and financially responsible

Objective: 1.4 Be accountable and efficient in its use of the community’s money
Council Policy Reference:
The Council’s Borrowing Policy provides clear direction to management, staff and the
Council in relation to the treasury function, and establishes a decision framework that
directs the City of Greater Bendigo to:
• ensure that the appropriate level of funds are available at the appropriate time
to support its strategic objectives;
PAGE 173
• consider the optimum time to borrow, taking into account interest rates,
construction cost inflation rates, and economic stimulus issues;
• be financially responsible and prudent in borrowing matters ensuring that all
risk are managed appropriately;
• consider current and estimated future revenues and the ability to increase the
revenue streams;
• minimise its costs of borrowings;
• ensure, where possible, that the structure of the borrowing is appropriate for the
nature of the assets being funded;
• consider inter-generational ‘user pays’ principles as part of determining the
most appropriate way to fund activities;
• ensure Council’s funding activities are in accordance with its legislative and
common law responsibilities: and
• Where, all else being equal, the City gives consideration to those financial
institutions which demonstrate a positive commitment within the region and to
the ethical criteria detailed in the Borrowing Policy.
The Local Government Act gives Council the power to borrow funds. Council has
previously borrowed money to meet its annual Capital Works budget, with the last
borrowed funds in the 2016/2017 financial year totalling $17M. Council’s budgeted
debt balance at June, 30 2018 is $49.95M.
In the past Council has also investigated options through the Municipal Association of
Victoria (MAV) for a broader Local Government Funding Vehicle. There is no current
MAV offering. The Funding Vehicle is expected to make an issuance of borrowings in
the first quarter of 2018/2019, and this may form part of future borrowing option
analysis.
Previously, individual loans have had good outcomes in terms of the principal and
interest terms offered. Historically, and with current low rates, this has been Council’s
preferred option when borrowing funds.
Council Meeting June 21, 2017 – Adoption of 2017/2018 Budget including borrowings
totalling $3M.
Report
The 2017/2018 Adopted Budget included new loan borrowings of $3M, which were
approved by the Council to fund Capital Works. Funds have not been required during
the financial year, due to higher than usual borrowings in 2016/2017 and some delays
in project payments.
Council reconfirmed its Borrowings Policy at the June 2018 Council meeting, which
included an update to its approach to responsible borrowings and investment.
PAGE 174
The Strategic Resource Plan indicates that the original loan amount of $3M in the
2017/2018 Adopted Budget will be required for Council to meet future commitments.
The loan amount is within the parameters set by the Council's Borrowing Policy. The
Policy requires that the Debt Commitment Ratio (total loan principal and interest
payments as a percentage of rate revenue) not be more than 10%. The revised loan
borrowing forecasts the Debt Commitment Ratio as 4.91 % (based on a 10 year term
at an estimate interest rate of 3.6%). Debt repayments for this loan are included in the
Council’s Strategic Resources Plan.
Tenders have been called for from lending institutions for the loan borrowing. In
accordance with the Council Borrowing Policy, when choosing providers of
borrowings, consideration will be given to the practices and investment strategies of
institutions, fund managers and schemes.
Where tendered rates are equal the preference will be for borrowings with institutions
that do not invest or finance in a material way industry or areas related to fossil fuels
and their subsidiaries.
The tender was publicly advertised on Saturday June 6, 2018.
Budget Allocation: $3M Loan drawdown
Current Estimate or Tender Price: 3.6% - 4.0% Interest Rate
Any known or anticipated variance to budget: Interest rate will fluctuate

from tender to tender
based on each bank’s
pricing model.
Projected costs for future financial years: On the basis of an interest
rate of 3.6% and a 10 year
term, monthly repayments
of $29,807 would be
required.
Any ongoing recurrent expenditure required: Annually $357,678 would
be required for principal
and interest repayments.
Conclusion
The Council approves the loan borrowings of $3M in line with the Councils 2017/2018
Adopted Budget and authorise the Chief Executive Officer or Director Corporate
Performance to execute all documents necessary to give effect to the loan borrowings.
PAGE 175
7.5 RECORD OF ASSEMBLIES
Author Jessica Clarke-Hong, Manager Governance
Responsible Steven Abbott, A/Director Corporate Performance

A/Director
Purpose
The purpose of this report is to provide the record of any assembly of Councillors, which
has been held since the last Council Meeting, so that it can be recorded in the Minutes of
the formal Council Meeting.
RECOMMENDATION
That Council endorse the record of assemblies of Councillors as outlined in this report.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 1 Effective community engagement will guide well informed,
responsive decision-making and financially responsible resource
allocations, which are transparent and accountable.
A meeting will be an assembly of Councillors if it considers matters that are likely to be

the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:
1. A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
2. an advisory committee of the Council where one or more Councillors are present.
The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.
PAGE 176
Report
Meeting Information
Meeting Meeting with The Hon Wendy Lovell
Name/Type
Meeting Date 28 May 2018
Matters discussed 1. General discussion on priorities
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr Rod Fyffe
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr George Flack
Cr Julie Hoskin
Cr Andrea Metcalf
Staff/ Mr Craig Niemann
Community
Representatives
Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 4 June 2018
Matters discussed 1. Councillor business planning
2. CEO update
3. Planning matters and review of draft Ordinary Agenda
4. Heathcote Flood Study
5. Budget for 2018/2019
6. Economic Development Strategy and other initiatives
7. Marong Township Structure Plan
8. Marong Business Park
9. GovHub update
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
PAGE 177
Apologies:
Cr Julie Hoskin
Cr James Williams
Community Ms Kerryn Ellis
Representatives Mr Bernie O'Sullivan
Mr Steven Abbott
Mr Adrian Gasperoni
Mrs Jessica Clarke-Hong
Apologies:
Ms Deb Wood
Ms Vicky Mason

No. meeting
Nil
Meeting Information
Meeting Sustainability and Environment Advisory Committee
Name/Type
Matters discussed 1. Spring Gully Mountain Bike Trail Network Masterplan
2. Draft Greater Bendigo Public Space Plan
3. Greater Bendigo Planning Scheme Review Workshop
4. Bendigo Sustainability Group Festival success and
progress on 4-Year Strategic Plan
Attendees/Apologies
Councillors Cr Jennifer Alden
Cr Andrea Metcalf
Apologies:
Cr Margaret O'Rourke
Staff/ Mr Anthony Sheean
Community Ms Morgan James/
Representatives Ms Jess Milroy
Mr Chris Weir
Mr Colin Smith
Ms Pamela Beattie
Ms Kelly Button
Ms Meg Caffin
Ms Camille White
Apologies:
Ms Bridget Maplestone
Ms Emma Bryant
Mr Bernie O'Sullivan
Mr Trevor Budge/
Ms Terri Williams
Mr James Shaddick
Mr Geoff Caine
PAGE 178

No. meeting
Nil
Meeting Information
Name/Type
Matters discussed 1. Councillors' business planning
2. CEO update
3. Heathcote Township Plan
4. Integrated Strategic Framework
5. Spring Gully Mountain Bike Track
6. Heathcote Bowls Club
7. Borrowing and Investment Policies
9. VicRoads update
Attendees/Apologies
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Apology:
Cr Julie Hoskin
Community Ms Vicky Mason
Representatives Ms Debbie Wood
Ms Kerryn Ellis
Mr Bernie O'Sullivan
Mr Peter Hargreaves
Apologies:

No. meeting
Nil
PAGE 179
Meeting Information
Name/Type
Matters discussed 1. Councillors' business planning
2. Regional Sustainability Development Unit update
3. Mining update
4. Bendigo Easter Festival
5. Citizen of the Year process
6. Planning Scheme: Minimum Garden Area
7. Skate Parks and community consultation
8. Better Approvals Project
Attendees/Apologies
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Apology:
Cr Julie Hoskin
Staff/ Mr Bernie O'Sullivan
Community Ms Vicky Mason
Representatives Ms Debbie Wood
Mr Steven Abbott
Apology:
Mr Craig Niemann

No. meeting
Nil
PAGE 180
Meeting Information
Meeting Consultation meeting
Name/Type
Matters discussed Planning application DC/794/2017
616-618 Midland Highway, HUNTLY 3551
Use and development of land for service station and
convenience store; creation of an access to a Road Zone 1;
and display of advertising signage
Attendees/Apologies
Councillors Cr James Williams
Cr Andrea Metcalf
Staff/ Grace Paisley - Planning
Community Graham Thomas - Traffic engineer
Representatives Alex Rossen - Planning
Applicant
Objectors

No. meeting
Nil
PAGE 181
Meeting Information
Meeting Heritage Advisory Committee Meeting
Name/Type
Matters discussed 1. Introduction to Council officers working in natural heritage
in Greater Bendigo
2. Regional Sustainable Development update
3. Planning update
4. Property update
5. Update on Strategic Report on Greater Bendigo's
Historical Artefacts
Attendees/Apologies
Councillors Cr Matt Emond
Staff/ Mr Trevor Budge
Community Ms Megan McDougall
Representatives Dr Dannielle Orr
Ms Trudy Rickard
Ms Angela Gladman
Ms Tania MacLeod
Mr Anthony Sheean/
Mr Peter Abbott
Mr Laurie Brown
Bishop Andrew Curnow
Mr Matthew Dwyer
Ms Tess Grieves
Ms Jess Milroy
Ms Jenny Trewartha
Mr Darren Wright
Apologies:
Ms Emma Bryant
Mrs Wonona Fuzzard/
Mr David Bannear
Mr Bruce McClure
Dr Di Smith

No. meeting
Nil
PAGE 182
7.6 CONTRACTS AWARDED UNDER DELEGATION
Author Lee Taig, Contract Support Administrator, Governance Unit
Responsible Steven Abbott, Director Corporate Performance

Director
Purpose/Summary
The purpose of this report is to provide information on contracts recently awarded under
delegation.
RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Delivery of programs, projects and services that respond to community needs.

City of Greater Bendigo Community Plan 2017-2021
Goal 1 : Lead and govern for all
Objective: 1.2 Be innovative and financially responsible
Report
Successful $ Value Delegated

Contract No Project Date Signed
Contractor (GST Excl) Officer
Capital Contracts
Buckford
Bernie
CT000392 Art Gallery Lighting Illumination Group $379,194.38 6 June 2018
O’Sullivan
Pty Ltd
Bendigo Livestock Exchange -
CT000354 - Bernie
Implementation of Electronic Aleis Pty Ltd $460,265.00 24 May 2018
Hardware O’Sullivan
Identification Sheep & Goats
Bendigo Livestock Exchange -
CT000354 - Outcross Pty Bernie
Implementation of Electronic $56,881.00 24 May 2018
Software Ltd O’Sullivan
Identification Sheep & Goats
PAGE 183
Service Contracts
Purchase of 140, 240, 360 Lt Adrian

Mobile Schedule of Gasperoni –
Mastec Australia 6 June 2018
Garbage/Recycle/Organics Rates Acting
CT000391 Bins Director
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$150,000.00
PAGE 184
8. URGENT BUSINESS
Nil.
9. NOTICES OF MOTION
Nil.
10. COUNCILLORS' REPORTS
11. MAYOR'S REPORT
12. CHIEF EXECUTIVE OFFICER'S REPORT
13. CONFIDENTIAL (SECTION 89) REPORTS
Nil.
PAGE 185

Council Agenda 18 July 2018

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Council Agenda 18 July 2018

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 18 July 2018

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

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

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

• Presentation and Managing Growth

WEDNESDAY 18 JULY 2018

ITEM PRECIS PAGE

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

DECLARATIONS OF CONFLICT OF INTEREST 7

1. PETITIONS AND JOINT LETTERS 9

2. PRESENTATION AND MANAGING GROWTH 10

2.1 100 HAMMILL STREET, KANGAROO FLAT 3555 - USE 10

2.2 38 BRIDGE STREET, BENDIGO 3550 USE AND 31

3. WELLBEING AND FAIRNESS 67

3.1 ADOPTION OF THE GREATER BENDIGO PUBLIC SPACE 67

3.2 TRANSFORMING THE CITY CENTRE UPDATE 74

6. EMBRACING OUR CULTURE AND HERITAGE 83

7. LEAD AND GOVERN FOR ALL 84

7.1 POTENTIAL DISPOSAL OF 49 NAPIER STREET 84

7.2 LOCAL LAW NO. 10 - ADMINISTRATION 87

7.3 GREATER BENDIGO CITY COUNCIL COMMUNITY LOCAL 120

7.4 LOAN BORROWINGS 2017/2018 173

7.5 RECORD OF ASSEMBLIES 176

7.6 CONTRACTS AWARDED UNDER DELEGATION 183

8. URGENT BUSINESS 185

9. NOTICES OF MOTION 185

10. COUNCILLORS' REPORTS 185

11. MAYOR'S REPORT 185

12. CHIEF EXECUTIVE OFFICER'S REPORT 185

13. CONFIDENTIAL (SECTION 89) REPORTS 185

Cr Yvonne Wrigglesworth requested Leave of Absence for the Council Meeting to be

SUSPENSION OF STANDING ORDERS

PUBLIC QUESTION TIME

Public Question Time – Purpose

Public Question Time – Where, When And Who

Residents are encouraged to lodge questions in advance so that a more complete

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

DECLARATIONS OF CONFLICT OF INTEREST

(a) direct financial interest

Councillors are also encouraged to declare circumstances where there may be a

Minutes of the Ordinary Meeting of Wednesday 20 June 2018.

• Adoption of 2018-19 Council Budget

1. PETITIONS AND JOINT LETTERS

2. PRESENTATION AND MANAGING GROWTH

2.1 100 HAMMILL STREET, KANGAROO FLAT 3555 - USE AND

Author Peter O’ Brien, Planning Coordinator

Responsible Bernie O’Sullivan, Director Strategy and Growth

Nearby residents are opposed to the proposal due to the

City of Greater Bendigo Community Plan 2017 – 2021

Planning Controls - Greater Bendigo Planning Scheme

Why is a permit required?

A permit is required to:

Subject Site and Surrounds

Figure 2: Location map showing land zoning of site and surrounds.

Figure 4: Site plan showing the location of the proposed church.

Figure 6: Floor plan

The vegetation removal component of the application is for patches of vegetation to be

Figures 8 & 9: 3D images of the proposed church.

* Broadcast live on Phoenix FM 106.7 *