AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 21 February 2018

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

VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo

NEXT MEETING:
Wednesday 21 March 2018
Bendigo Town Hall

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

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

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 This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any
person to engage in improper or disorderly conduct at the meeting.

Council Vision

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

Council Values
Six values inform everything we as Council do in working together to be the best we can
for all of our community.

Seeking to achieve the best value for our use of the community’s public funds and
resources, by:

 We Lead;
 We Learn;
 We Contribute;
 We Care;
 We Respond;
 We Respect.

Goals

 Presentation and Managing Growth

 Wellbeing and Fairness
 Strengthening the Economy
 Environmental Sustainability
 Embracing our Culture and Heritage
 Lead and Govern for All

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ORDINARY MEETING

WEDNESDAY 21 FEBRUARY 2018

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

CR HOSKIN'S REPORT 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

1.1 PETITION FROM THE MAIDEN GULLY COMMUNITY RE 9

FOOTPATH

2. PRESENTATION AND MANAGING GROWTH 10

2.1 PLANNING SCHEME AMENDMENT C238 - 10

ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT
(ESD) LOCAL PLANNING POLICY - CONSIDER
AUTHORISATION REQUEST

2.2 PLANNING SCHEME AMENDMENT C234 - 40 HARLEY 22

STREET, STRATHDALE (NANGA GNULLE) FOR
CONSIDERATION OF SUBMISSIONS AND REFER TO
PANEL

2.3 6 EDDINGTON STREET, AXEDALE 3551 - USE OF THE 34

LAND FOR A RESTRICTED RECREATION FACILITY
(GYM), CONSTRUCTION OF A CAR PARK AND DISPLAY
OF ADVERTISING SIGNAGE

2.4 7 FRANCLIFF AVENUE, SPRING GULLY 3550 - SUBDIVIDE 45

LAND INTO 28 LOTS AND REMOVAL OF VEGETATION

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2.5 VISIT TO DUNEDIN CITY COUNCIL, NEW ZEALAND 72
(FEBRUARY 2018)

3. WELLBEING AND FAIRNESS 74

3.1 ENDORSEMENT OF THE DRAFT GREATER BENDIGO 74

PUBLIC SPACE PLAN FOR PUBLIC DISPLAY

3.2 GOLDEN SQUARE SWIMMING POOL 82

4. STRENGTHENING THE ECONOMY 94

5. ENVIRONMENTAL SUSTAINABILITY 94

6. EMBRACING OUR CULTURE AND HERITAGE 95

6.1 STRATEGIC REPORT ON GREATER BENDIGO'S 95

HISTORICAL ARTEFACTS

6.2 UPDATE ON DARYL MCCLURE MEMORIAL 104

7. LEAD AND GOVERN FOR ALL 110

7.1 ADMINISTRATION LOCAL LAW NO 10 110

7.2 RECORD OF ASSEMBLIES 137

7.3 CONTRACTS AWARDED UNDER DELEGATION 145

8. URGENT BUSINESS 147

9. NOTICES OF MOTION 147

10. COUNCILLORS' REPORTS 147

11. MAYOR'S REPORT 147

12. CHIEF EXECUTIVE OFFICER'S REPORT 147

13. CONFIDENTIAL (SECTION 89) REPORTS 147

13.1 Confidential Report in accordance with Section 89(2)(d) of 147

the Local Government Act relating to a contractual matter

____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER

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 Ordinary Meeting - 21 February 2018

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

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

PUBLIC QUESTION TIME

Public Question Time – 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.

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.

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 Ordinary Meeting - 21 February 2018

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 HOSKIN'S REPORT

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 Ordinary Meeting - 21 February 2018

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.

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 Ordinary Meeting - 21 February 2018

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 24 January 2018.

The following items were considered at the Ordinary Council meeting held on
Wednesday 24 January 2018 at 6:00pm.

 Petition: Request for Street Light at Deep Lead Road and Telegraph Way, Huntly
 Response to Petition: Traffic Safety Issue at Intersection of Gladeville Drive and
Howard Street, Eaglehawk
 5 Hakea Road, Huntly - Use and Development of Land for Two Dwellings
 82 Neale Street, Kennington - Demolition of Existing Dwelling and Shed;
Construction of New Dwelling and Associated Works
 12 Maynard Drive, Epsom - Amendment to an Existing Planning Permit
(Construction of 2 Sheds with Associated Offices) to Allow the Removal of a Tree
 Greater Bendigo Public Toilet Strategy
 Designation of New Bushfire Place of Last Resort - Neighbourhood Safer Place -
Axedale
 Ironbark Gully Public Space Corridor Plan
 Local Law Review
 Greater Bendigo Housing Strategy Implementation Plan
 Briefing on Huntly and Crosbie Plantations - Farm Forestry Future Directions
 Greater Bendigo Heritage Advisory Committee Terms of Reference
 Adoption of Plan Greater Bendigo
 Council Price Policy
 Council Waste Charges Policy
 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 24 January
2018, as circulated, be taken as read and confirmed.

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Petitions and Joint Letters Ordinary Meeting - 21 February 2018

1. PETITIONS AND JOINT LETTERS

1.1 PETITION FROM THE MAIDEN GULLY COMMUNITY RE FOOTPATH

[Petitions and joint letters with ten (10) or more signatures are included in the agenda or
tabled at the meeting, unless there is a separate legal process for considering the
petition or joint letter, as there is for planning submissions or submissions following
public notices (Section 223 LGA)].

The following petition was presented to Council from residents and visitors in the vicinity
of Beckhams Road and Carolyn Way, Maiden Gully, as outlined below:

"This petition concerns the pedestrian path along the Southern side of the Calder
Highway service road between Beckhams Road and Carolyn Way at Maiden Gully.

This length of the footpath varies between, concrete, gravel, and earth. It is
uneven, unsafe, non standard and completely unsatisfactory to promote walking
and cycling to the social, education and commercial activity centre of this rapidly
expanding suburb of Bendigo. The current state of the subject length of footpath
does not support Council's strategy of creating 10 minute communities, nor does it
ameliorate the probability of liability for injury because of the parlous state of the
footpath.

We, the undersigned, hereby respectfully request that Council urgently addresses
the abovementioned deficiencies from funds available in 2017/18".

Names - 512

RECOMMENDATION

That the petition be received and a response be prepared within two (2) meetings.

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

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

2. PRESENTATION AND MANAGING GROWTH

2.1 PLANNING SCHEME AMENDMENT C238 - ENVIRONMENTALLY

SUSTAINABLE DEVELOPMENT (ESD) LOCAL PLANNING POLICY -
CONSIDER AUTHORISATION REQUEST

Document Information

Authors Morgan James, Planner Amendments and

Simon Francis, ESD Officer

Responsible Bernie O’Sullivan, Director Strategy and Growth

Director

Summary/Purpose

Amendment details: This Amendment seeks to commence the process to amend

the Greater Bendigo Planning Scheme to introduce a Local
Planning Policy for Environmentally Sustainable
Development (ESD).

This policy seeks to fill a gap identified in the Greater

Bendigo Planning Scheme in regards to ESD and will
ensure that environmental performance is considered in
medium to large scale developments.

The Amendment builds on the current voluntary ESD

assessment program used by Statutory Planning for medium
to large development proposals.

The Amendment process is proposed to be part of a Group

Council Amendment project with Wyndham City Council,
Maroondah City Council and Whittlesea City Council who
seek to pool resources and costs to efficiently implement
similar content into their Planning Schemes.
Proponent: City of Greater Bendigo – Regional Sustainable
Development
Key issues:  Implementing environmentally sustainable design
principles in a meaningful way;
 Improving the quality of developments;
 Time and cost efficiencies

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Request the Minister for Planning to authorise Council to prepare Amendment C238
to the Greater Bendigo Planning Scheme.
2. When Authorised by the Minister, exhibit Amendment C238 to the Greater Bendigo
Planning Scheme giving notification as required.

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

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

 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.

Objective: Take a leadership role in the regional planning, advocacy and work in
partnership with regional Councils.

 Goal 4: Presentation and managing growth

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

Objective: Plan to meet future housing needs by encouraging more environmentally

sustainable housing.

 Goal 5: Environmental sustainability

Protect and enhance our environment, conserve our resources and increase resilience to
a changing climate.

Objective: Drawing on the one planet living framework to connect the health of the
natural environment to the health and prosperity of our community by
implementing prioritised actions contained in the Greater Bendigo
Environment Strategy 2016-2021.

Related Council Strategies

Greater Bendigo Environment Strategy 2016-2021

The adopted policy has a 20 year vision and covers 10 long term actions areas based on
the ten guiding principles of One Planet Living that has been adapted to our local council
context. One of these ten long term actions is based around sustainable buildings and
materials.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Background Information

There is currently very limited ability in the Greater Bendigo Planning Scheme to require
a planning permit applicant to consider and implement ESD principles in their
development. This means the City has very limited ability to consider or require
environmentally sustainable design principles in applications. This is considered a
significant gap in our decision-making and negatively affecting the liveability of Greater
Bendigo.

Recently, the City’s Statutory Planning Unit, in conjunction with the Regional Sustainable
Development Unit, commenced providing free sustainable design assessments (SDA’s)
for applications of three or more dwellings and commercial developments containing a
residential component. This is part of a program to both educate and inform internal and
external stakeholders about ESD principles and benefits. Since 1 July 2017, 13 SDA’s
have been generated and sent to applicants for consideration in their developments.
Feedback received to the program has been very positive.

In August 2016 Council adopted the Greater Bendigo Environment Strategy 2016-2021.
This Strategy included the following 20 year goal under the one planet action area of
sustainable buildings and materials:

“All building’s and infrastructure are constructed in environmentally sustainable

ways, require fewer inputs to run, and are healthier and more comfortable to
inhabit.”

One of the top priorities to achieve this goal is to consider and incorporate ways that the
planning process can support improved environmentally sustainable design and the
potential need to introduce an ESD local planning policy.

The introduction of an ESD Local Planning Policy will provide statutory weight within the
Greater Bendigo Planning Scheme for consideration of ESD principles as opposed to the
current voluntary approach.

The ESD policy proposes to introduce objectives for the following ESD principles to
ensure that development achieves best practice (where applicable) in development
applications:
 Energy Performance
 Water Resources
 Indoor Environment Quality
 Stormwater Management
 Transport
 Waste Management
 Urban Ecology

Greater Bendigo City Council is a member of the Council Alliance for a Sustainable Built
Environment (CASBE) which is part of the Municipal Association of Victoria (MAV).
CASBE is group of Councils who work together to advance the consideration of ESD
within Victorian Councils and statutory frameworks. CASBE is providing support to
Councils seeking to implement a local planning policy in their Planning Schemes.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

It is proposed that Greater Bendigo City Council partner with a number of other Councils
(City of Whittlesea, Maroondah City Council and Wyndham City Council) who have
nominated interest to pursue similar policy initiatives. Councils can then share and pool
resources in the processing of the Planning Scheme Amendment. This means a
collaborative approach in the development of policy and time and costs efficiencies.

There have already been two previous Group Council Amendments approved by metro
Councils to implement ESD which were almost identical to this Amendment. Greater
Bendigo is fortunate to be in the position to take advantage of previous work, with a lot of
Planning Scheme content already developed, strategically justified, and tested by a
Planning Panel.

In order to be a part of this Group Council Amendment participating Councils need to

adopt a consistent approach to progressing the Amendment and jointly seek
authorisation from the Minister for Planning to prepare and exhibit the Amendment in
April or May 2018.

The key steps in the Amendment process are summarised below:

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Proactive regional leader

Greater Bendigo City Council aims to be a proactive regional leader and an effective
advocate for sustainable design and development within the municipality, including the
delivery of its own building projects. This is reflected in Council’s Community Plan and,
more specifically, the previously mentioned community goals. Greater Bendigo would be
the first regional Council in Victoria to adopt an ESD local policy.

Interaction with the Building Legislation

Concerns about the potential for overlap and conflict of an ESD planning policy with the
National Construction Code (NCC) has been deliberated at length in the previous Group
Council Amendments. The findings of the most recent GC42 panel states:
 That the policy does not overlap or contravene the role of the NCC because the
NCC only seeks to achieve minimum compliance, whereas considering and
incorporating ESD at the planning stage allows an opportunity to exceed minimum
compliance through using basic passive design principles which is best done at
project conception.
 The NCC does not cover passive design, water use reduction (except for class 1
buildings), stormwater pollution, materials and waste which all need to be
considered to create a sustainable building.

Previous Council Decisions

August 2016 – Council adopted the Greater Bendigo Environment Strategy 2016-2021.

Report

The Planning and Environment Act 1987 allows for a Planning Scheme Amendment to
be initiated by a municipal Council

When requesting authorisation from the Minister for Planning, an Explanatory Report
must be submitted that discusses the purpose, effects and strategic justification for the
Amendment. Key issues identified in the Explanatory Report are summarised below.

Land affected by the Amendment

The Amendment applies to all of the land within the City of Greater Bendigo by making
changes to the Local Planning Policy Framework.

What the Amendment does

The Amendment seeks to amend the Greater Bendigo Planning Scheme to provide
policy in the Municipal Strategic Statement in relation to Environmentally Sustainable
Design and to introduce a new Local Planning Policy entitled Environmentally
Sustainable Development (ESD) at Clause 22.10 of the Greater Bendigo Planning
Scheme.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

The Amendment introduces a Local Planning Policy to ensure that development

achieves best practice in environmental sustainability, from the design stage through to
construction and operation. This will ensure a greater number of proposals will
incorporate ESD measures, to the benefit of the wider community of Greater Bendigo.

The proposed policy sets out requirements for applicants to demonstrate how the
relevant ESD policy objectives will be achieved. This can be confirmed by the applicant
submitting an ESD report as part of their application, which is then checked and verified.

The full Amendment documentation is included at Attachment 1 to this report.

Development permit triggers, application requirements, and assessment tools

One of the critical matters to be determined in the ESD Policy is what planning
applications it should apply to. This is defined by the threshold trigger in the Policy and
more specifically, the size of development (number of dwellings or amount of commercial
floor space).

The previous Group Council Amendments all chose different thresholds triggers for their
Policies to ensure that they could have regard to local conditions and requirements.

An analysis of Greater Bendigo’s recent planning and building permit data for residential
and non-residential development (see Attachment 2) has been carried out to determine
the threshold triggers in Council’s ESD Policy.

The following table shows when the ESD Policy will be triggered and the type of
assessment to be submitted with an application:

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

The data analysis indicates the construction of 1 or 2 dwellings on a lot is the

predominant form of new residential development requiring planning approval in Greater
Bendigo (representing 87% of the total number of permits issued in the period between
2015 to now).

The percentage of permits for 3-9 dwellings for the period 2015 to now equates to 10%
of all permits issued for residential development. While the percentage for 10+ dwellings
is 3%. These figures are not expected to differ substantially into the future.

Although planning permit applications for 3 or more dwellings only represent 13% of all
planning permit applications for residential development, they account for 64% of the
total number of dwellings constructed.

Applying the ESD Policy threshold trigger to 3 or more additional dwellings will result in
the greater benefit by applying ESD requirements to a relatively small amount of
applications that capture the largest number of dwellings. This would have the largest
environmental benefit and the requirements would be proportional to the scale of
development.

Having regard to the high percentage of permits for 2 dwellings and recognising that it
would be unduly onerous to require a comprehensive sustainable design assessment for
such small scale applications, it is proposed to provide these applicants with sustainable
design information and a checklist of simple and cost effective measures to consider
implementing.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

In determining the threshold trigger for non-residential developments, floor area data is
currently not collected by the planning department. In lieu of this, floor area data via
building permits issued within the same timeframes was analysed and cross referenced
with those that required planning permit approval. This found that since July 2015
approximately 31 permits with a floor area between 500m2-1000m2 were issued and 30
permits for floor areas greater than 1000m2 were issued.

Similar to the decision regarding 2 residential dwellings, triggering the policy for non-
residential developments of less than 500m2 is considered overly onerous given the
small scale nature of the applications and resource implications needed by Council to
assess them.

Table 1 above also details what information is required to be submitted with an

application. The smaller scale applications will be required to submit a Sustainable
Design Assessment (SDA) which provides a simple assessment of how the development
addresses the ESD principles and identifies sustainability measures that should be
implemented in the development.

For the larger scale applications a Sustainability Management Plan (SMP) should be
submitted which provides a detailed assessment of the proposal against ESD principles
and must identify performance standards and sustainability targets to be achieved.

The two types of ESD assessments to be submitted are intended to be proportional to

the scale of development to ensure that the proposed thresholds are reasonable whilst
maximising environmental benefits.

Social, Economic and Environmental impacts

The amendment is expected to have a positive effect as it:

Environmental Effects
 Requires new development to achieve greater levels of energy and water efficiency,
indoor environmental quality, stormwater management, sustainable transport, waste
management and urban ecology which will have far reaching environmental benefits.
Economic effects
 Maximises sustainable design at the planning stage which will minimise costs
associated with retrofits and poor design, as well as long term cost savings on
utilities.
Social effects
 Facilitates a sustainable built form outcome which provides affordable living
outcomes over the life of the building for commercial and residential occupiers, and
as ongoing servicing costs will be reduced, it will have a positive net community
benefit.

Strategic Justification – Planning Context

State Planning Policy Framework

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

The Amendment is consistent with and supports the following elements of the State
Planning Policy Framework:

Clause 11- Settlement:

Clause 11.03-2 Activity Centre Planning: To improve the social, economic and
environmental performance and amenity of activity centres

Clause 11.07 – Regional Victoria

11.07-1 Regional Planning: The objective of this clause is to develop regions and
settlements which have a strong identity, are prosperous and are environmentally
sustainable.
A key strategy is to apply the following principle to settlement planning in Victoria
regions:
‘Climate Change, natural hazards and community safety’ to respond to the
impacts of climate change and natural hazards and promote community safety
by:
o Encouraging reduced energy and water consumption through
environmentally sustainable subdivision and building design.’

Clause 12- Environmental and Landscape Values

12.01-1 Protection of Biodiversity: The objective of this policy is to “assist the
protection and conservation of Victoria’s biodiversity, including important habitat
for Victoria’s flora and fauna and other strategically valuable biodiversity sites.”

Clause 14.02 - Water

14.02-2 Water quality: This sets out the objective of “protecting water quality”; and
14.02-3 Water conservation, which sets out the objective of ensuring that “water
resources are managed in a sustainable way”.

Clause 15.02 - Sustainable development

Clause 15.02-1 Energy and Resource Efficiency: The objective indicates the
need to “encourage land use and development that is consistent with the efficient
use of energy and the minimisation of greenhouse gas emissions.”

Clause 16.01 - Residential development

16.01-1 Integrated housing: This policy sets out the objective to “promote a
housing market that meets community needs”. Of particular relevance is the
strategy which sets out the need to encourage housing “that is both water efficient
and energy efficient”.
16.01-4 Housing Diversity: The objective of this policy is to “provide for a range of
housing types to meet increasingly diverse needs”. One of the strategies notes the
“need to encourage development of well-designed medium-density housing which
improves energy efficiency of housing”.

Clause 18.01 - Integrated Transport

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

18.02-1 Sustainable personal transport: This policy sets out the objective of
promoting “the use of sustainable personal transport”. One of the strategies
specifically relating to new development indicates the need to “ensure
development provides opportunities to create more sustainable transport options
such as walking, cycling and public transport” and, “ensuring cycling routes and
infrastructure are constructed early in new developments”.

Clause 19 – Infrastructure
Clause 19.01-1 Provision of renewable energy: The objective of this clause is to
“promote the provision of renewable energy in a manner that ensures appropriate
siting and design considerations are met”.
Clause 19.03-2 Water supply, sewerage and drainage: The objective of this
clause indicates the need “to plan for the provision of water supply, sewerage and
drainage services that efficiently and effectively meet State and community needs
and protect the environment.“
Clause 19.03-3 Stormwater: The objective of this policy is “to reduce the impact of
stormwater on bays and catchments.”

Local Planning Policy Framework

 Clause 21.08 Environment: has among its objectives the need to maintain and
enhance ground and surface water quality, to reduce pollution of watercourses and to
protect the values of forested land and waterways.

 Early work on the currently underway review of the Greater Bendigo Planning
Scheme has identified that guidance and policy on Environmentally Sustainable
Design is a substantial gap in the Planning Scheme which should be addressed.

Consultation/Communication

Section 19 of the Planning and Environment Act 1987 establishes the statutory process
for exhibition of planning scheme Amendments.

Under section 19(1A) of the Act, the Planning Authority (Council) is not required to give
notice to each owner and occupier if it considers the number impractical to notify them all
individually. The Act then requires Council to take reasonable steps to ensure that public
notice of the proposed Amendment is undertaken and the opportunity is provided for any
affected or interested person to make a submission.

It is proposed that Council would give notice of the Amendment in accordance with
section 19(1B) of the Act by giving notice in the Bendigo Advertiser, McIvor Times and
the Government Gazette.

Council would also undertake non-statutory consultation measures to ensure awareness

of the proposed Amendment including making the Amendment available for viewing on
Council’s website and municipal offices. Relevant resident and community groups would
also be directly notified of the Amendment.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Conclusion

The proposed introduction of an ESD Local Planning Policy and high level policy
guidance in the Municipal Strategic Statement will address important gaps identified
within the Greater Bendigo Planning Scheme. This will ensure that environmental
performance considerations are taken into account in the assessment of development
proposals in the municipality in order to facilitate more environmentally sustainable
development and achieve beneficial outcomes for developments and the community
alike.

It is recommended that Council seek authorisation from the Minister for Planning to
prepare and exhibit Amendment C238 to the Greater Bendigo Planning Scheme.

Options

Council has the option of:

 Supporting the Amendment proposal and making a request to the Minister for
Planning to authorise preparation and exhibition of the Amendment.
 Refusing the request to prepare the Amendment.

Resource Implications

Officer time will be required to prepare the Amendment documentation for authorisation,
exhibition, and to liaise with the Minister for Planning.

The City is also responsible for payment of statutory fees and costs incurred in the
processing of the Amendment of approximately $600. Other costs may include a Panel
hearing process if the Amendment has unresolved submissions following exhibition,
costs for this process are estimated at $10,000 per hearing day.

Collaborating with other municipalities to form a Group Council Amendment will result in
sharing of fees for any Direction or Panel hearing costs that may arise.

In addition, being a member of CASBE enables access to previous documentation, such

as expert witness evidence and cost/benefit analysis, generated as part of the previous
ESD Amendments

The ESD policy will assist in providing a more transparent and clearer policy direction to
applicants resulting in the reduction of resources currently required to promote and
negotiate ESD planning outcomes.

Whilst the policy will result in a small increase in internal planning application referrals to
the Regional Sustainable Development unit, this increase can be factored sufficiently into
future work plans. Combined with training for the Statutory Planners on straight forward
ESD assessments, this increase can be accommodated sufficiently into future work
plans.

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Attachments

 Amendment documentation (including the Explanatory Report)

 Analysis of Greater Bendigo’s recent planning and building permit data for residential
and non-residential development (December 2017)

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

2.2 PLANNING SCHEME AMENDMENT C234 - 40 HARLEY STREET,

STRATHDALE (NANGA GNULLE) FOR CONSIDERATION OF
SUBMISSIONS AND REFER TO PANEL

Document Information

Author Alison Kiefel, Amendments Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth

Director

Summary/Purpose

Amendment details: Apply Heritage Overlay 915 to the mud brick and recycled
materials dwelling located at 40 Harley Street, Strathdale
(Nanga Gnulle).
Proponent: City of Greater Bendigo
No. of submissions: 12 (2 in support, 10 in opposition)
Key issues:  Site is subject to an application for subdivision;
 Support for the Heritage Overlay;
 The extent of the proposed Heritage Overlay;
 Do the gardens warrant a planning control?

RECOMMENDATION

That the Greater Bendigo City Council resolves to:

1. Accept the late submissions;
2. Adopt the recommendations detailed for each of the submissions in this report; and
3. Request the Minister for Planning to appoint an Independent Panel to consider the
outstanding submissions.

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

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

Goal 4: Presentation and managing growth
 Planning, developments and infrastructure that increase our liveability and pride in
where we live.
Goal 6: Embracing our culture and heritage
 Recognise and celebrate our unique history and diverse cultures.

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Background Information

The key steps in the Amendment process are summarised below:

The heritage issues on the site were identified as a result of planning permit application
for subdivision (DS/867/2016). As a result of the advertising process for this application,
there were a number of objections to the proposed demolition of the buildings and
gardens on the site. The site was previously used as a wedding and function centre
venue, and given the name Nanga Gnulle by the owners at the time.

The City subsequently commissioned an independent report to assess the heritage

significance of the site, as this was the primary ground for objection to the subdivision
application. The citation prepared by Built Heritage Pty Ltd (March 2017) found that the
main residence was of heritage significance for its association with Alistair Knox. Knox
was an important and influential figure in the development of post-war residential
architecture in Victoria, who promoted a self-build, mudbrick architectural style.

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The main residence was designed by Knox’s architectural firm (based in Eltham) and
included many recycled materials including bricks, stone, timber and architectural
features from demolition sites around Bendigo; notably a railway bridge in Axedale
(1887), and items from the former ANA Hall (1893), and convict bricks (1840s) from a
visit to Bruny Island. The residence remains as a notably rare (one of two), intact
example of a mud brick dwelling in the Greater Bendigo municipality that Knox designed.

The Built Heritage Pty Ltd (March 2017) citation found that the surrounding gardens and
other buildings constructed later are not considered to be of heritage significance as they
are not related to work by Knox himself, or of special architectural significance as is the
main residence.

The City has undertaken further review of the gardens to determine if they are of heritage
significance in their own right, or contain notable flora. An additional citation by Context
Pty Ltd (July 2017) was prepared to specifically consider the gardens. Context found the
gardens did not meet the HERCON heritage significance criteria, or contain notable flora
for protection. The citation identifies that gardens from the 1970’s and 1980’s are
generally not considered to meet the heritage criteria unless they have a rare example
that may be of botanical interest, technical, scientific or design quality from this era.

Previous Council Decisions

16 August 2017- Council resolved to request the Minister for Planning to authorise
and exhibit proposed Amendment C234.

Report

An Explanatory Report is attached and details the purpose, effect of the Amendment and
provides the strategic justification for the Amendment as required. Key issues identified
in the Explanatory Report are summarised below.

What the Amendment does

The Amendment proposes to:

 Amend Planning Scheme Map 24HO, to apply the Heritage Overlay identified in the
citation – Nanga Gnulle.
 Amend Clause 21.10 of the MSS to include the citation- Nanga Gnulle, as a
Reference Document.
 Amend the Schedule to the Heritage Overlay (Clause 43.01) to:
o Include 1 new heritage place as follows:
HO915 Mud brick and reclaimed materials house, 40 Harley Street, Strathdale
“Nanga Gnulle”.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Land affected by the Amendment

Figure 1: Aerial of the site.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Figure 2 – Proposed Heritage Overlay Extent

The Amendment affects part of the land at 40 Harley Street, Strathdale which is
approximately 1.9 hectares in size. The overlay is proposed to be applied to the dwelling
and a 5 metre curtilage around it (approximately 650m 2). The main dwelling, constructed
of mud brick and reclaimed materials is considered of heritage significance for its
association with architect Alistair Knox and use of recycled materials which provide a
unique architectural style.

The property is in the General Residential Zone and no overlays currently apply. The site
is located in a residential suburb of Bendigo and surrounded on all sides by existing
residences in the General Residential Zone.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Exhibition Procedures

The Amendment was exhibited for one month from 2 November to 4 December 2017.

Notice was provided in the following manner:

 Individual notices to owners and occupiers of land surrounding the Amendment.
 Individual notices to original objectors to the subdivision application (approx. 100).
 Notices to prescribed Ministers under Section 19(1)(c) of the Planning and
Environment Act.
 Notices to all authorities materially affected under Section 19(1)(a) of the Act,
including Heritage Victoria.
 Public notice of the Amendment in the Bendigo Advertiser on 31 October 2017 and
11 November 2017.
 Publication of the notice of the Amendment in the Government Gazette on 2
November 2017.
 Access on-line.

Existing objectors to the subdivision application and surrounding owners/occupiers were

notified via 3 letters of the intended process.
 Letter 1 was forwarded on 30 August 2017 which outlined the intent to apply the
Heritage Overlay to the house, and the two processes proposed (Amendment &
Planning permit).
 Letter 2 was forwarded on 24 October 2017 for the planning permit public notice
period.
 Letter 3, a week later was forwarded on 30 October 2017 for the Amendment C234
public notice period.

Letter 2 was sent because the planning permit application for subdivision, DS/867/2016
which applies to the site needed to be re-advertised. The application was amended from
15 lots to 14 lots to allow the retention of the existing mud brick dwelling which is
proposed for Heritage Overlay as per this Amendment. The permit application is being
determined via a separate process and is likely to be on hold until a decision on the
Overlay is made.

Submissions

Twelve submissions were received (including 4 late submissions). There were ten
opposing submissions and two supporting submissions, which are discussed in the
following table.

One submission was received from DELWP, with no submission from Heritage Victoria.

Note: some submissions combine comments on both the Amendment and the
subdivision application (DS/867/2016) as they were advertised at similar times.

The Amendment relates solely to the application of the Heritage Overlay and therefore
can only consider issues related to heritage. The remaining topics raised in submissions,
such as traffic, drainage and native vegetation removal are to be considered as part of
the proposed subdivision application, which is a separate process.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Submitter 1: L. Kennedy
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supports the Heritage Overlay for the Noted.
Knox residence.

The curtilage around the residence is too Refer to curtilage discussion below.
small, the whole site should be retained
for future generations as it is a ‘highly The gardens have been assessed by
significant landscaped environment’. experts for heritage significance and
found not to meet the criteria.

The expert Heritage assessments found

no evidence that the gardens are
‘expertly designed’; ‘would provide
fundamental structure as a botanic
garden’ or are ‘highly significant’
environment as asserted in this
submission.

Advice from the City’s Parks and Open

Space Unit is that the majority of the
trees exhibit poor form, attributed to a
combination of poor quality nursery stock
and improper pruning practices. There
does not appear to be anything
particularly unique about this garden that
is predominately made up of common
garden plants that have not been actively
maintained for some time.
Submitter 2: S. Humphreys
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Seeks retention and protection of the The gardens have been assessed by
gardens for environmental reasons, as experts for heritage significance and
the site is a significant environmental found not to meet the criteria.
corridor. Believes this is against Council's
own policies on environment. Both the City’s Parks and Open Space
Unit and the State legislator for protection
of native vegetation, DELWP provided no
objection to the proposed removal of the
vegetation.
Submitter 3: L. Staehr
Supports/Objects Officer Response & Recommendation

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Objects Refer to Panel

The curtilage around the residence is too Refer to curtilage discussion below.
small, and not in scale with the building.

Seeks retention and protection of the The gardens have been assessed for
gardens for environmental reasons. heritage significance and found not to
meet the criteria.

Both the City’s Parks and Open Space

Unit and the State legislator for protection
of native vegetation, DELWP provided no
objection to the removal of the vegetation
proposed.
Submitter 4: J. Anderson
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
The curtilage around the residence is too Refer to curtilage discussion below.
small.

General dissatisfaction with the planning City staff have endeavoured to explain
processes and timeframes. the processes and timeframes of the two
planning assessments being undertaken
in the various written communications
that have been forwarded to existing
objectors and neighbours.

The City has met all statutory

requirements for notice and processes
under the Planning and Environment Act
1987.
Submitter 5: C. Spencer
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
General dissatisfaction with the planning We have endeavoured to explain the
processes and timeframes. processes and timeframes of the two
planning assessments being undertaken
in the various written communications
that have been forwarded to existing
objectors and neighbours.

The City has met all statutory

requirements for notice and processes
under the Planning and Environment Act

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

1987.
The curtilage around the residence is too
small. Refer to curtilage discussion below.

Submitter 6: National Trust, Melbourne

Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supports the Heritage Overlay for the Noted.
Knox residence.

Seeks interior alteration controls be This may be appropriate. Following the

included in the Heritage Overlay for the submission, officers sought further advice
residence. from Built Heritage who agrees there are
significant internal elements that warrant
protection. The City will seek direction
from the Panel as to if this would be
supported for this property, given that
internal controls are rarely endorsed.

Recommends extension of the curtilage Refer to curtilage discussion below.

to protect setting, and views to and from
residence.

Seeks further investigation and inclusion Although the shed is of interest in

of the recycled brick shed associated heritage terms, it is not of sufficient
with residence which was built before the significance to warrant protection or a
house, in the Heritage Overlay. Heritage Overlay in this case.
Submitter 7: S Tunley & J Cooper
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supports the Heritage Overlay for the Noted.
Knox residence.

Recommends extension of the curtilage Refer to curtilage discussion following the

to protect setting, and suggests changes table.
to the Heritage Overlay to include the
‘sanctuary gardens’ portion of the site. The reception centre/sanctuary is not
considered to be of significance under
the HERCON criteria to warrant Heritage
Overlay protection.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Submitter 8: M Butcher
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supports the Heritage Overlay for the Noted.
Knox residence.

Seeks a substantial extension of the Refer to curtilage discussion below.

curtilage surrounding the Knox residence
and Heritage Overlay.

Seeks protection of the reception The reception centre/sanctuary is not

centre/sanctuary designed by an considered to be of significance under
employee and associate of Knox. the HERCON criteria to warrant Heritage
Overlay protection.
Submitter 9: S Lowenthal & N Gladman (late)
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supports the Heritage Overlay for the Noted.
Knox residence.

The curtilage around the residence is too Refer to curtilage discussion below.
small and does not meet the Bendigo
Heritage Design Guidelines.

The Amendment is contrary to the The explanatory report for Amendment

Heritage Policy and Residential C234 explains how the relevant policies
Character Policy of the Greater Bendigo and provisions of the Planning Scheme
Planning Scheme by not including the are met by this proposal. The gardens
surrounding gardens. have been assessed for heritage
significance and found not to meet the
criteria.

Both the City’s Parks and Open Space

Unit and the State legislator for protection
of native vegetation, DELWP provided no
objection to the proposed removal of the
vegetation.

The Amendment meets the relevant

policies of the Greater Bendigo Planning
Scheme.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Submitter 10: P & D Searle (late)

Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supports the Heritage Overlay for the Noted.
Knox residence.

The curtilage around the residence is too Refer to curtilage discussion below.
small.
Submitter 11: DELWP (late)
Supports/Objects Officer Response & Recommendation
Supports Refer to Panel

Submitter 12: Terraco on behalf of owners of site (late)

Supports/Objects Officer Response & Recommendation
Supports Heritage Overlay as exhibited. Refer to Panel

Curtilage

The current proposed curtilage is defined as a minimum of 5m on all sides, after the City
sought clarification of the suitable curtilage distance prior to exhibition. Following receipt
of the submissions seeking an expansion to the curtilage, further advice from Built
Heritage P/L was sought. Built Heritage P/L clarified that the original 5m would be the
minimum, not necessarily the optimum curtilage. Built Heritage P/L advise that including
the adjacent garden to the dwelling on the northwest and northeast (front), the gravel
pathway to the southwest (rear) and access way to the carport on the southeast (side)
would provide a better curtilage. This would expand the curtilage to approximately the
size of the entire proposed subdivided lot, with over 5m to the front, 7m to the sides and
15m to the rear (distances to be confirmed with location of paths onsite or via survey
information).

Officers now support a modest extension to the curtilage as defined by Built Heritage and
this will be discussed at any Panel hearing. Note that a late submission from the owners
of the site supports the exhibited 5m curtilage.

Submission 9 states that the proposed curtilage does not meet the recommended
Bendigo Heritage Design Guidelines (BHDG), as significant trees and gardens are not
included, nor is the curtilage extensive enough given the scale of the site. The BHDG
were considered when determining the appropriate curtilage and setting for the heritage
place. The proposed 5m is more than the minimum of 3m recommended in the BHDG.
The immediate surrounding garden is typical of any residential dwelling, and therefore
does not significantly contribute to the heritage significance of the place in its own right.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

However, as there are varied requests from submitters about the appropriate curtilage
and what it should include, it is recommended these submissions are referred to an
Independent Panel where they can be heard and a subsequent recommendation made
to Council.

Conclusion

It is recommended that Council resolve to request the Minister for Planning to appoint an
Independent Panel to consider the outstanding submissions.

Options

Section 22(2) of the Planning and Environment Act 1987 advises that Council has the
option of accepting late submissions, but must do so if requested by the Minister for
Planning.

Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of
submissions received in relation to an Amendment, the Council must either:
 Change the Amendment in the manner requested by the submitters and adopt the
Amendment with changes; or
 Refer the submission(s) to an Independent Panel appointed by the Minister; or
 Abandon the Amendment, or part of the Amendment.

Resource Implications

Officer time will be required to prepare the Amendment documentation for Panel and
liaise with the Minister for Planning.

The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment. So far the City has incurred costs for preparing the citations for the
Amendment - $4,702; Advertising - $1,087; and further heritage advice following receipt
of submissions - $2,200 (Total- $7,989).

Additional estimated costs for the next stages of the Amendment include approximately
$10,000 in association with holding a Panel and calling expert evidence (approximately
$3,000) to support our position.

Attachments

 Copy of submissions (12)

 Explanatory report
 Additional advice from Built Heritage regarding submissions

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

2.3 6 EDDINGTON STREET, AXEDALE 3551 - USE OF THE LAND FOR A

RESTRICTED RECREATION FACILITY (GYM), CONSTRUCTION OF
A CAR PARK AND DISPLAY OF ADVERTISING SIGNAGE

Document Information

Author Grace Paisley, Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth

Director

Summary/Purpose

Application details: Use of the land for a restricted recreation facility (gym),
construction of a car park and display of advertising signage
Application No: DU/352/2017
Applicant: C L Reid
Land: 6 Eddington Street, AXEDALE 3551
Zoning: General Residential Zone
Overlays: Design and Development Overlay 9
No. of objections: 4
Consultation Held on 14 December 2017 attended by the City’s Planning
meeting: officer, the applicant, 5 residents and Mayor Margaret
O’Rourke.

No objections were withdrawn and no changes were made to

the proposal as a result of the meeting.
Key considerations:  Amenity impacts;
 Compatibility with the surrounding residential land uses;
 Car parking and traffic impacts.
Conclusion: The application is inconsistent with the Greater Bendigo
Planning Scheme.

It is recommended that Council refuse to grant a planning

permit as the proposal is not compatible with the surrounding
residential land uses, will result in unreasonable amenity
impacts and is not in accordance with the provisions of the
General Residential Zone.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

RECOMMENDATION

A. Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Refusal to grant a permit for use of the land
for a restricted recreation facility (gym), construction of a car park and display of
advertising signage at 6 Eddington Street, AXEDALE 3551 for the following reasons:
1. The application is inconsistent with the provisions of Clause 21.05 Compact
Greater Bendigo, Clause 32.08 General Residential Zone and Clause 65.01
Decision Guidelines of the Greater Bendigo Planning Scheme.
2. The use is not compatible with surrounding residential land uses and will create
unreasonable amenity impacts
B. The use of the land as a gym must cease and if the use has not ceased within 60
days of the notice of refusal, the City is to commence enforcement action.

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

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.

Background Information

The application has resulted from complaints and enforcement action that commenced in
May 2017. The use has been operating without a planning permit for some time.

Report

Subject Site and Surrounds

The site is located on the southern side of Eddington Street and is rectangular in shape
with an overall area of 7,982sqm. The site is generally flat and is largely cleared. The site
currently contains an existing dwelling, setback 50m from Eddington Street. There are
two outbuildings located on the western boundary. Access to/from the site is via an
existing crossover onto Eddington Street.

The site is adjoined by the following:

 To the north, by Eddington Street, a gravel road. Further to the north of Eddington
Street are residential lots all containing dwellings.
 To the east is 10-12 Eddington Street, which contains a dwelling located 53m from
the shed the proposed use would operate out of. The lot is largely cleared with a line
of trees located along the northern boundary.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

 To the south, the site is adjoined a vacant residential lot. The lot is cleared and
contains a dam located on the common boundary with the subject site.
 To the west, the site is adjoined by two residential lots, 43 Pechell Street and 2
Eddington Street. Both contain dwellings.

The surrounding area is characterised by residential development with lot sizes ranging
between 984.3sqm and 2.54ha. Lots generally contain a single dwelling with associated
outbuildings and vegetation. The nearest dwelling from the proposed use is 50m to the
north at 2 Eddington Street. The commercial area of Axedale is located approximately
625m to the east of the site.

Figure 1: Location map showing subject site. Objectors' properties marked with a star with one objector’s
property not being located in Axedale.

Proposal

Approval is sought for the use of the land for a restricted recreation facility (gym),
construction of a car park and display of advertising signage. The business will be run
from the existing shed on the property which is located 2m from the western boundary
and 93m from the northern boundary (Eddington Street). The first class begins at 5:25am
and the last begins at 7:15pm. The use will operate Monday – Saturday with classes
restricted to 10 people. Classes will consist of Metafit, boot camp, boxing, kid’s fitness,
abdominals and core and open gym. The classes will be conducted in the existing shed
and sometimes outdoors. They use a variety of equipment including, but not limited to,
slam balls, ropes, weights, tyres and boxing bags. Music will be played during classes.

A standalone V board sign is also proposed at the front of the site. The sign will be 1m x
1m and will be located on steel posts which have an overall height of 2.2m. The sign
contains the business logo and name.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Figure 2: Proposed site plan.

Figure 3: Aerial image indicating the location of the use.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Planning Controls - Greater Bendigo Planning Scheme

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

State Planning Policy Framework

 Clause 10.04 Integrated decision making
 Clause 11.14 Loddon Mallee South
 Clause 15.01-6 Healthy neighbourhoods
 Clause 17.01 Commercial
 Clause 17.01-2 Out-of-centre development
 Clause 19.02-4 Distribution of social and cultural infrastructure

Municipal Strategic Statement

 Clause 21.02 Key Issues and Influences
 Clause 21.05-10 Small Towns
 Clause 21.07-2 Activity Centres

Local Planning Policies

 Clause 22.29 Advertising and Signage Policy

Other Provisions
 Clause 32.08 General Residential Zone
 Clause 52.05 Advertising signs
 Clause 52.06 Car Parking
 Clause 65 Decision Guidelines

A planning permit is required under the General Residential Zone (pursuant to Clause
32.08-1 and 32.08-8) for the use of the land for a restricted recreation facility and the
associated works. A planning permit is also required for the display of advertising
signage pursuant to Clause 52.05.

Consultation/Communication

Referrals

The following internal departments have been consulted on the proposal:

Referral Comment
Traffic & Design No objection subject to conditions.
Environmental Health Concerns were raised regarding the impact of the noise
on the surrounding residential area, however a permit
condition was provided.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Public Notification

The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.

As a result of advertising, four (4) objections were received, with the grounds of objection
being:
 Impact on the amenity of the area from noise, light spill, traffic/dust and loss of
privacy (adjoining residents will no longer be able to use their private open space).
 The hours of operation are not suitable for a residential area.
 The use is a commercial use in a residential area.
 Information lacking in the application including in the acoustic assessment.
 No footpaths have been provided and the roads are not sealed.
 Disappointment that the applicant did not discuss the proposal with neighbours.
 Impact on property values.
 Impact on daily lives, living and social interactions.
 Impacts on health and wellbeing.
 Business not providing anything new as there’s already a business of this nature in
Axedale.

A consultation meeting was held on 14 December 2017. No resolution was reached.

Planning Assessment

Is the use compatible with the surrounding residential land uses?

There are five main amenity impact considerations for applications of this nature. These
are noise, light spill, traffic, hours of operation and loss of privacy.

Noise

An independent acoustic assessment produced by Audiometric and Acoustic Services

was provided as part of the application. The assessment identifies the gym as operating
within the existing building at the rear of the property. The hours identified are 5:25am to
7:30pm on weekdays and 9:15am to 10:15am on Saturdays. The assessment makes no
reference to classes being undertaken outside of the building as identified in the
timetable submitted as part of the application.

The assessment identifies the most likely affected property as being 10-12 Eddington
Street (an objection was received from this property). The assessment states that at any
one time only 6 persons can be undertaking noisy procedures which include the slam
ball, punching bags or the rope workout. The assessment makes no mention of other
equipment that is used in the outdoor classes such as tyres and sledgehammers nor
does it take into account that class numbers can go up to 10 persons.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

As can be seen in the tables below, the assessment does conclude that the use would
comply with the Zoning Guideline Noise Levels of the Noise from Industry in Regional
Victoria (NIRV) policy, however as stated above the assessment does not take into
account any activities outdoors and the additional noisy procedures such as tyres and
sledgehammers.

Figure 4: NIRV noise limits permitted at the subject site.

Figure 5: Calculated noise level at the subject site.

It should be noted that the acoustic assessment also states the noise levels at the
subject site are not complete with respect to the overall effect at 10-12 Eddington Street.
The above procedures were only measured for periods of 30-33 seconds and therefore
do not take into account the full impact over a 30 minute class. In addition, the
assessment states there is not enough equipment for more than 2 people to be
undertaking the loudest item, such as ropes, at a time. There are only 2 sets of ropes, 2
exercise bicycles etc. The worst situation can be as follows:
 2 persons on ropes
 2 persons on punching bags
 2 persons on slam balls

If these 6 activities were undertaken simultaneously the total noise level next door would
be 39 dB(A). Which exceeds the 36dB(A) allowed at the site during 10pm-7am any day.

This assessment makes no reference to weights, tyres, boxing in pairs or

sledgehammers and makes the assumption that no further equipment will ever be
purchased, even though a total of 10 persons would be permitted in the class.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Objectors have raised concerns over the acoustic assessment and that it lacks
information. Concerns were also raised in regards to noise generated by vehicles
entering and exiting site, car doors and talking before classes. All of which will add to the
potential noise that would be generated. The assessment also does not take into account
yelling/noises from clients conducting the exercise.

If the use is to only operate within the building as per the acoustic assessment (noting
the application material states classes will be taken outside on occasions), it is also
unreasonable to expect that the roller doors will be shut at all times and that no classes
would be taken outdoors, particularly on hot days. The location of the building is within
proximity to adjoining dwellings and if this were to occur, it is likely there would be
adverse impacts to adjoining residents.

Advice was sought from the Environmental Health Department who also confirmed there
were gaps within the assessment including the maximum capacity of participants and the
combination of several activities being undertaken at once not being measured. The
assessment also applies guess work such as noise being attenuated by the colorbond
fence, noting readings weren’t taken within the neighbouring properties.

It is considered the report contains a number of gaps. It is not a comprehensive

assessment and it does not fully address concerns with noise being generated from the
use.

Light spill

Concerns were raised by the objectors that car head lights would create light spill into the
private open space and through windows of their dwellings. The car park is proposed to
be located on the western boundary adjacent to the building the business is proposed to
operate from.

The car parking area is partly screened from the adjoining property with a Colorbond
fence, however, the remainder is only separated from the adjoining property with a post
and wire fence. Due to the hours of operation, cars will enter and exit the site with lights
on for the early morning and evening classes. This will result in additional light spill into
adjoining properties creating an adverse impact on the amenity of the residents.

Traffic

The application proposes the classes will be capped at 10 clients per class. As the site is
not accessible by public transport and there is little to no pedestrian connectivity it is
likely that all clients will drive to the classes which will result in a significant increase in
traffic movements. Further to the potential 10 clients that would be permitted at the class,
the overlap of people entering and leaving between classes must also be considered.

Objectors raised concerns over the number of traffic movements and the noise and dust
which would be generated from this. The accessway to the car park, the car park itself
and Eddington Street are not sealed. It is likely the increased traffic movements from the
proposal will have adverse off-site amenity impacts such as dust, increased noise and
light spill.

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It is noted the application was referred to the City’s Traffic Engineer who stated the
proposed car park layout and impacts on the road were satisfactory. The design of the
car park does meet the requirements of Clause 52.06, however, this should not imply
that the use is appropriate for that location.

Hours of Operation

The application proposes the first class will begin at 5:25am and the last class at 7:15pm.
These hours of operation are generally consistent with the usual hours of operation for
an establishment of this nature. However, due to the location of the site being within the
General Residential Zone and surrounded by dwellings, these times are not considered
compatible with the area.

The building that the use is proposed to operate from is in proximity to the sensitive land
uses. There is currently a Colorbond fence that runs along part of the common boundary
although this does not run along the entire boundary therefore the adverse amenity
impacts produced by the use will affect the adjoining land uses.

The off-site impacts that will be generated when the use is operating during these times
will have adverse impacts on the area. Approving a use that operates during these times
will result in a decrease of the residents' amenity.

Loss of privacy

Objectors have raised concerns that they will not be able to use their backyards due to
the location of the proposed use. The noise and loss of privacy that will result from the
use is not appropriate for this residential area. The existing dwellings private open space
will no longer be ‘private’ if the business is permitted to run from the site due to the
location of the building at the rear of the site and within close proximity to two dwellings.

The dividing fence is only post and wire for the majority of the common fence lines and
while residents could expect there be some loss of privacy through open fences in
normal residential settings, this is considerably different to the privacy implications of a
commercial business operating in a residential area.

Overall, it is considered the proposal is not compatible with the surrounding residential
land uses due to the unreasonable off-site amenity impacts that would be generated.
These impacts are not considered to be low impact, in that they could not be potentially
mitigated through permit conditions.

Is the proposal in accordance with planning policy?

State and local planning policy through clauses 15.01-6 and 21.02 discuss the need for
appropriate health and wellbeing outcomes. It is accepted that the proposed use does
seek to achieve appropriate health and wellbeing outcomes and would result in some
economic and social benefits in accordance with State and local policy. However, in
accordance with Clause 10.04 Integrated decision making, the proposal must be
balanced against other policy including the decision guidelines of the zone and Clause
65.

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The Axedale Township Strategic Framework Plan identifies the preferred location for
future commercial development as being within the ‘commercial precinct’ on the corner of
Raglan Place East and High Street. The subject site is identified as being for residential
uses with an area of 1500sqm minimum.

A strategy of Clause 21.05-10 Small towns is to support the preferred uses, development
and lot sizes as shown on the Axedale Township Strategic Framework Plan. Through
doing this the objectives to encourage attractive lifestyle options and a sense of place in
small towns can be achieved. Based on this, the proposal is at odds with the policy.

The General Residential Zone requires consideration to be given to whether a proposed

use generally serves local community needs. It can be argued that this proposed use
does serve the community needs by providing a recreation service in a small town
however the location of the use is key to whether it is appropriate. In accordance with
Clause 21.07-2, small commercial operations should not be located in residential areas
rather should be located within designated commercial areas. It is noted that this is
difficult within a township the size of Axedale, however this does not mean that the
subject site should automatically be appropriate for a use of this nature.

The General Residential Zone does allow for non-residential uses that ‘serve local
community needs’, however it specifically states ‘in appropriate areas’. As discussed
above the site is not considered appropriate given the potential unreasonable off-site
impacts that will arise from the operation of the use and it cannot be concluded the
amenity of the established residential neighbourhood will be maintained at an acceptable
level.

It should be noted that although the site is located within the General Residential Zone,
the site is also located within a Design and Development Overlay which restricts the
minimum lot size to 1500sqm. Due to this the surrounding area is low-density in nature.
The amenity expectations of a low density residential area are considered to be different
to a higher density residential area. This particularly relates to background noise levels
which differ between the two. The acoustic assessment submitted discusses background
noise levels, however concludes that it was not possible to obtain an adequate sample of
prevailing background noise due to noise from frogs which precluded the obtaining of
any meaningful measurement. The assessment also notes that it was not practical to
obtain a background noise level for the early morning operation of the gym. The
assessment concludes the area is likely to be neutral in terms of natural background
noise levels being situated within a residential area of a small country town.

Consideration has been given to whether conditioning the proposal to help reduce the
potential off-site impacts is appropriate. However issuing a permit with a considerable
number of conditions and the uncertainty to whether these will address the issues is not
a good planning outcome or a fair and reasonable outcome for the affected residents.

The proposal is at odds with State and Local planning policy and the purpose of the
zone. The proposal is also not in accordance with the decision guidelines of Clause 65
which considers the purpose of the zone, the orderly planning of the area and the effect
on the amenity of the area. The site is not appropriate for the proposal and there are off-
site amenity impacts that warrant refusal of the application.

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Signage

A 1sqm business identification sign is proposed at the front of the site which will contain
the details of the business. The signage is located on a V board which is not in
accordance with Clause 22.29 Advertising and Signage Policy. However, the size,
location and details of the sign are considered to be appropriate.

Conclusion

The application produces an unacceptable planning outcome with regards to the amenity
of the area, the compatibility with surrounding residential uses and the purpose of the
General Residential Zone. Based on this, refusal of the application is recommended.

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
 Acoustic assessment

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

2.4 7 FRANCLIFF AVENUE, SPRING GULLY 3550 - SUBDIVIDE LAND

INTO 28 LOTS AND REMOVAL OF VEGETATION

Document Information

Author Chris Duckett, Planning Coordinator

Responsible Bernie O’Sullivan, Director Strategy and Growth

Director

Summary/Purpose

Application details: Subdivide land into 28 lots and removal of native vegetation
Application No: DS/676/2015
Applicant: Shane Muir Consulting Engineers Pty Ltd
Land: 7 Francliff Avenue, SPRING GULLY 3550
Zoning: General Residential Zone
Overlays: Environmental Significance Overlay 2 (ESO2)
Bushfire Management Overlay (BMO)
No. of objections: 8 and 1 petition
Consultation A consultation meeting was held on the original proposal,
meeting: attended by the applicant, objectors and two Ward Councillors
from the previous Council.
No consultation meeting was held on the amended application
as the applicant declined to take part in a second meeting.
However, the assessing officer had an informal meeting with
two of the objectors to the amended application.
Key considerations:  Compliance with the Planning Scheme.
 Environmental impacts/risk (native vegetation, bushfire and
groundwater).
 Traffic impacts.
 Neighbourhood character.
Conclusion: The site is well positioned to provide new housing which is
located inside the Bendigo Urban Growth Boundary, within
short walking distance to public parks and shops and is well
serviced by public transport.
The proposed subdivision layout is consistent with the existing
neighbourhood character of the area and potential
environmental and traffic impacts can be appropriately
managed and mitigated.

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This report assesses the application and recommends that

Council issue a Notice of Decision to Grant a Planning Permit.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Decision to Grant a Permit to subdivide land into
28 lots and removal of native vegetation at 7 Francliff Avenue, SPRING GULLY 3550
subject to the conditions at the end of this report:

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

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 5: Environmental sustainability

 Protect and enhance our environment, conserve our resources and increase
resilience to a changing climate.

Background Information

This application was originally submitted on 10 September 2015 with the subdivision
layout, as shown in figure 1 below. This layout was not supported by officers, primarily
due to the proposed island park and because it did not have a road connection through
to Francliff Avenue which would have allowed for better vehicle circulation and
pedestrian links.

On 22 June 2016 the applicant amended the proposed layout as shown in figure 2
below, in accordance with officer advice. This plan was advertised to local residents and
attracted 3 objections and a petition opposing the proposal.

The application was reported to Council on 18 January 2017 where a decision was made
to defer the application for further discussion between officers and applicant. It is
understood that this was because the owner of the land and local residents were not
satisfied with the subdivision layout, including the two vehicle access points to both
Francliff Avenue and Joachim Lane.

Following the Council deferral, the applicant amended the subdivision layout again on 14
June 2017 as shown in figure 3 below. This amendment was re-advertised and a further
5 objections were received including 1 from an original objector. None of the other
original objections responded to the amended application. Therefore they still stand as
objectors to the proposal.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Figure 1: Original proposed subdivision layout.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Figure 2: Revised subdivision layout as considered by Council.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Figure 3: Current proposed subdivision layout.

Report

Subject Site and Surrounds

The subject site is an irregular shaped parcel of land which lies between Francliff Avenue
and Joachim Lane, approximately 50 metres east of Mandurang and Retreat Roads,
Spring Gully.

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The site has an 80 metre frontage to Francliff Avenue, a 25 metre frontage to Joachim
Lane and a total area of 2.42ha. The eastern and western boundaries of the site abut
standard residential lots which front Mandurang Road and Philden Way.

The property has been vacant for a number of years and is not currently used for any
specific purpose. No buildings exist on the site and unformed vehicle access connects it
to Francliff Avenue and Joachim Lane.

The site is partly cleared and partly covered by a patch of remnant vegetation in the
south-western section of the site. Native trees are also scattered along both road
frontages and along the western boundary of the property.

The surrounding land has mostly been developed for residential purposes, with the
subject land, one of the last remaining vacant parcels of land in the area. Lot sizes in
adjoining streets are generally similar to that proposed under this application.

Land approximately 150 metres to the east contains the Greater Bendigo National Park
(One Tree Hill). The Spring Gully Recreation Reserve is located approximately 200
metres away to the north-west.

Figure 4: Aerial photograph of subject site and surrounds.

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Presentation and Managing Growth - Reports Ordinary Meeting - 21 February 2018

Figure 5: Location map showing subject site. Objectors’ properties marked with a star.
Note: Signatories to petition are not shown on above map.

Proposal

The application proposes to subdivide the land into 28 lots and remove 1.182 ha of
native vegetation.

Lot sizes will range from 419m² to 993m², with an average lot size of 667m².

The subdivision would be accessed from Joachim Lane via an internal road with two
court bowls. There would be a pedestrian/bicycle access from the internal road to
Francliff Avenue. As discussed above, this design differs from the earlier proposal which
included a through road from Joachim Lane to Francliff Avenue.

All lots in the subdivision will be fully serviced by reticulated water, sewerage, electricity
and telecommunications infrastructure.

Planning Controls - Greater Bendigo Planning Scheme

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

State Planning Policy Framework

 Integrated decision making (cl. 10.04)
 Settlement (cl. 11)
 Regional development (cl. 11.05)
 Loddon Mallee South Regional Growth Plan (cl. 11.12)
 Biodiversity (12.01)

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 Bushfire (13.05)
 Urban environment (cl. 15.01)
 Sustainable development (cl. 15.02)
 Residential development (cl. 16.01)
 Movement networks (cl. 18.02)
 Development Infrastructure (cl. 19.03)

Municipal Strategic Statement

 Municipal profile (cl. 21.01)
 Key issues and influences (cl. 21.02)
 Strategic directions (cl. 21.04)
 Compact Bendigo (cl. 21.05)
 Environment (cl. 21.08)
 Integrated transport and infrastructure (cl. 21.09)
 Reference documents (cl. 21.10)

Local Planning Policies

 Spring Gully Residential Character Policy - Precinct 2 (cl. 22.23)

Overlays
 Environmental Significance Overlay Schedule 2 – Groundwater recharge protection
area (cl. 42.01)
 Bushfire Management Overlay (cl.44.06)

Zone
 General Residential Zone (cl. 32.08)

Other Provisions
 Native Vegetation (cl. 52.17)
 Planning for bushfire (cl.52.47)
 ResCode – Subdivision (cl. 56)
 Decision guidelines (cl. 65)
 Referral and notice provisions (cl. 66)

Permit triggers
 General Residential Zone – subdivision.
 Environmental Significance Overlay – subdivision and removal of vegetation.
 Bushfire Management Overlay – subdivision
 cl. 52.17 – Remove native vegetation.

Consultation/Communication

Referrals

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

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Referral Comment
Powercor No objection subject to conditions relating to electricity
infrastructure provision.
Department of No objection to tree removal subject to native vegetation
Environment, Land, Water removal offsets.
& Planning.
North Central Catchment No objection, no conditions.
Management Authority
Goulburn-Murray Water No objection subject to conditions relating to subdivision
construction and urban run-off management and
connection to reticulated sewerage for each lot.
Coliban Water No objection subject to conditions relating to provision
of reticulated water and sewerage.
Tenix (Gas) No objection subject to standard referral provision for
certification.
Country Fire Authority No objection subject to conditions relating to provision
of fire hydrants, road construction, subdivision layout
and the endorsement of a Bushfire Management Plan.
Traffic No objection subject to conditions.
Drainage No objection subject to conditions.
Landscaping/Parks No objections subject to conditions but the previous
plan iteration is preferred from a landscaping
perspective as the current plan will result in a greater
amount of maintenance input for the City than a
conventional street connection.

Public Notification

The amended application was advertised to adjoining and nearby lot owners and
occupiers.

The application was also advertised to the owners and occupiers of the One Tree Hill
Hotel on Spring Gully Road. The reasons for this are discussed in the traffic section
below.

As a result of advertising, five objections were received, with the grounds of objection
being:
 No through access to Francliff Avenue will increase traffic to Joachim Lane;
 Increased noise;
 Loss of trees/biodiversity/habitat for endangered species;
 Bushfire threat and evacuation concerns;
 Adverse impacts on character of the area and lifestyle due to removal of vegetation;
 Reduced safety from traffic including emergency access;

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 Concern that the revised plan is contrary to the reasons for Council deferral as it does
not address flora and fauna issues in relation to the Pink-tailed Worm Lizard;
 Removal of native vegetation is inconsistent with City of Greater Bendigo Council
Plan (sustainability);
 Non-compliance with Spring Gully Residential Character Policy;
 High density of dwellings.

In addition, there are two outstanding objections and a petition with 23 signatures which
were received against the earlier subdivision layout, with the grounds of objection being:
 Increased traffic;
 Increased noise;
 Loss of trees / habitat for endangered species;
 Lack of car parking;
 Adverse impacts on neighbourhood character, due to removal of vegetation and
increased built form;
 Health impacts from dust associated with the subdivision;
 Reduced safety – increase in crime.

The objections are discussed below.

Planning Assessment

State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) &
Municipal Strategic Statement (MSS)

Planning Scheme policies which are relevant to this application are identified earlier in
this report. The following provides a discussion on how the proposal responds to these
policies.

Infill development of this style is broadly supported by State policy at Clause 11

(Settlement) and 16 (Housing), the Loddon Mallee South Regional Growth Plan (Cl.
11.12) and by the Compact Greater Bendigo policy at Clause 21.05.

The subdivision would allow for urban consolidation which will utilise existing services,
infrastructure and a large undeveloped parcel of residentially zoned land. The proposal
would also assist in implementing the urban containment policy aims found within the
Compact Bendigo Policy and the Key issues and influences section of the MSS (Clause
21.02).

The subdivision layout does not respond well to the City’s policy direction of providing
housing diversity, as the lot sizes proposed will likely provide only one type of housing - a
single dwelling on each block. However, the design response is acceptable given its
consistency with the surrounding pattern of development and the site’s location in a
suburban residential context (as opposed to an activity centre for example, where higher
densities would be encouraged).

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The suburban context of the site is suitable for further development of this nature,
particularly due to the existing connections to service infrastructure, the site’s location
near a main arterial road, the excellent proximity to recreational public open space
(within 200m of Spring Gully Creek Linear Reserve, Spring Gully Recreation Reserve
and the Greater Bendigo National Park) and its short distance from the local services
located within Spring Gully. This meets the ‘10 minute neighbourhoods’ objective of the
Greater Bendigo Residential Development Strategy (2014).

The provision of reticulated services, roads and footpaths is also compliant with the
development infrastructure objectives of Clause 19.03.

It is also noted that the land falls within the Urban Growth Boundary; it is zoned for
residential purposes and is located in an established residential neighbourhood. As
mentioned previously, the site is one of the last remaining large vacant parcels of land in
the area.

The site is also well served by public transport, with buses stopping nearby on Francliff
Avenue and Mandurang Road (Route 62: Bendigo Station – Spring Gully via Latrobe
University and Route 65: Bendigo Station – Spring Gully via Carpenter Street). This
meets the movement network objectives of Clause 18.02.

The proposal is also appropriate with regards to neighbourhood character (Clause

22.23), due mostly to the layout and size of lots which will allow for detached housing
and onsite landscaping. Over time this should ensure the bush garden qualities of the
area are maintained.

Potential environmental impacts associated with tree removal have been assessed, with
DELWP offering no objection. Offset plantings will ensure that no net loss to the
bioregion’s biodiversity occurs. This will comply with the objectives of Clause 12.01.
Revegetation within the new road reserve will contribute to faunal habitats and the
character of the area in the long term.

Clause 13.05-1 Bushfire planning has the objective of strengthening the resilience of
settlements and communities to bushfire through risk-based planning that prioritises the
protection of human life.

The applicant has addressed potential bushfire risks through submission of a Bushfire
Management Statement and Bushfire Management Plan. These documents explain the
bushfire risk to the site and surrounds and nominates measures to mitigate this risk
(defendable space around dwellings, minimum BAL ratings for construction of new
dwellings, emergency vehicle access and firefighting water supply arrangements). This
plan demonstrates how the regulations for residential subdivision in bushfire prone areas
are complied with (Clause 52.47-2.4 Planning for bushfire – Subdivision objectives) and
how the bushfire objectives of 13.05-1 are met.

Overall the development is found to be compliant with relevant State, local and MSS
policies.

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Compliance with ResCode (Clause 56)

The General Residential Zone stipulates that all applications to subdivide land must
comply with all objectives of ResCode.

The application has been assessed against all the relevant objectives and standards of
Clause 56 as outlined below:

Clause 56.02-1 Strategic implementation

As noted previously, the proposal supports the objectives of the City’s Greater Bendigo
Residential Development Strategy (2014). The proposal will make efficient use of an
under-utilised residential zoned parcel within the City’s Urban Growth Boundary, which is
able to be fully serviced.

The subdivision will provide for 28 new dwellings in a location that is well placed to take
advantage of a range of existing services, community facilities and public transport.

Clause 56.03-4 Built environment

The subdivision will provide for an appropriate residential character which is consistent
with that of the surrounding area. In addition, the subdivision layout will provide a safe
and functional urban environment.

Clause 56.04-1 Lot diversity and distribution

This clause seeks to provide a range of lot sizes to suit a variety of dwelling and
household types. As discussed earlier the proposal is unlikely to result in a diversity of
housing as it is reasonable to assume that the lots will be used for single family-sized
dwellings.

However given that there are other competing character and environmental objectives
which are discussed below, the proposal strikes an appropriate balance between
housing diversity and character objectives.

Clause 56.04-2 Lot area and building envelopes

Each lot will be of sufficient size and shape to provide for the appropriate siting and
construction of a dwelling, private open space, stormwater systems, vehicle access and
parking. Building envelopes are not required due to the standard sizes and shapes of lots
within the subdivision.

Clause 56.04-3 Solar orientation of lots

The sizes, orientations and dimensions of the lots will adequately provide for sufficient
solar access to new houses.

Clause 56.04-2 Street orientation

All lots will front streets which will enable visibility and passive surveillance of the public
realm.

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Clause 56.04-5 Common areas

No common property areas are proposed as part of the subdivision.

Clause 56.05-1 Integrated urban landscape

The subdivision will create a new street and a concept landscape design has been
submitted which will be required as a condition of the permit.

Clause 56.05-2 Public Open space provision

No public open space is proposed to be provided as part of the application. There is
sufficient open space in the surrounding area to cater for the future needs of residents,
particularly the Spring Gully Recreation Reserve. As such, it is recommended that
Council require the developer to make a financial contribution of 5% of the value of the
land as a condition of permit, in accordance with the provisions of the Subdivision Act.

Clause 56.06-2 Walking and cycling network

Footpaths will be constructed to the City’s requirements and in accordance with the
relevant standards.

Clause 56.06-4 Neighbourhood street network

The proposed street network takes into account the existing mobility network. However
the following street network design standards in this clause are not fully met:
 Provide an interconnected and continuous network of streets within and between
neighbourhoods for use by pedestrians, cyclists, public transport and other vehicles.
 Provide an appropriate level of local traffic dispersal.
 Provide a street environment that appropriately manages movement demand
(volume, type and mix of pedestrians, cyclists, public transport and other motor
vehicles).
 Minimise the provision of cul-de-sacs.

The new streets will provide safe and efficient access for pedestrian and cyclists with a
link between Joachim Lane and Francliff Avenue. The link does not allow for good
vehicle circulation amongst the surrounding street network and this is certainly a concern
of the objectors from Joachim Lane. A preferred outcome from a street network
perspective is for a full road connection between Joachim Lane and Francliff Avenue.
However, as discussed in the traffic impacts section below, this is not sufficient grounds
to refuse the application.

Clause 56.06-5 Walking and cycling network detail

New footpaths within the subdivision will link to the existing street network in Francliff
Avenue and Mandurang Road.

Clause 56.06-6 Public transport network

The subdivision does not require alterations to the public transport network as there are
already bus stops located nearby Francliff Avenue and Mandurang Road which will
service the development.

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Clause 56.06-7 Neighbourhood street network detail

The design of the proposed new streets will meet the requirements of the Infrastructure
Design Manual. The City’s Engineers have consented to the proposed street layout and
dimensions.

Clause 56.06-8 Lot access

The design and construction of new crossovers will be required to meet the requirements
of the Infrastructure Design Manual.

Clause 56.07-1 Drinking water supply

The site will be serviced with reticulated potable water by Coliban Water.

Clause 56.07-2 Reused and recycled water

Reticulated recycled water is not available in this locality, however the lots will be of
sufficient size to enable the installation of water tanks.

Clause 56.07-3 Waste water management

The site will be serviced with reticulated sewerage by Coliban Water.

Clause 56.07-4 Urban run-off management

The City’s Engineers have assessed the proposal and do not object to the development.
Detailed drainage plans will be required via condition.

Clause 56.08-1 Site management

A Construction Management Plan will be required as a condition of permit which will
address erosion and sedimentation controls, dust suppression, protection of any
vegetation to be retained etc.

Clause 56.09-1 Shared trenching

Shared trenching will be utilised where appropriate.

Clause 56.09-2 Electricity, telecommunications and gas

The site can be fully serviced with electricity, telecommunications and gas. Conditions
requested by servicing authorities will be placed on the permit.

Clause 56.09-3 Fire hydrants

New fire hydrants must be provided for the subdivision to the satisfaction of Coliban
Water and the CFA.

Clause 56.09-4 Public lighting

New public lighting is needed for the subdivision. Details of street lighting will be provided
as part of engineering plans for the subdivision.

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Neighbourhood character

The State and Local Planning Policy Framework, as well as the MSS and the purpose of
the General Residential Zone encourage development that is respectful of
neighbourhood character. This is also a requirement of ResCode.

The subject land is located within Precinct 2 of the Spring Gully Residential Character
Policy. The statement of desired future character for this precinct is: "Integration with
adjoining bush landscape character will be strengthened."

In response to the site’s context, the subdivision been designed to have lot sizes ranging
from 419m² to 993m², with an average lot size of 667m². Lot shapes are mostly regular in
shape.

The general layout and size of lots will be similar to the existing pattern of development
in the area, as will be the density of dwellings. Lots of this size will easily accommodate a
single, family-sized home in a garden setting. This will ensure the design objectives of
Clause 22.23 are met with regards to spacing between dwellings, front setback
consistency and opportunity for planting of indigenous species around dwellings.

The provision of a curving road through the subdivision with appropriately selected native
trees planted in the road reserve will also add to the bush garden character of the area
once established.

As a result of the informal meeting with the two objectors, a request was made to the
applicant for investigation into whether any trees on the western boundary could be
retained to assist with preserving the landscape character. The applicant has considered
this and has confirmed that it is his intention to retain whatever trees he can reasonably
do so during the subdivision but is not prepared to guarantee their retention or legally
bind future owners to do so.

Without mechanisms requiring future lot owners to retain the trees through a restriction
on title or building envelopes, for the purpose of this decision, they must be considered
as lost. Whilst the loss of all the trees is unfortunate as this will impact on the character
of the area, wholesale vegetation removal is an often unavoidable outcome of developing
the land for residential purposes.

As mentioned above, this site is one of the last remaining large parcels of vacant land in
the area, with all adjoining land already subdivided and developed with houses.
Development of this site is therefore a natural progression for the land, which should be
expected given its zoning and surrounds.

It should be noted that background views from the surrounding street network to
vegetation will still exist due to the site’s close proximity to One Tree Hill. Once fully
developed and landscaped, the proposed subdivision should also provide for vegetated
background views. A number of street trees will also be retained at both street frontages
which will help maintain the vegetated character of the existing streetscapes.

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Traffic impacts

A concern held by objectors is the potential for adverse impacts on the existing road
network as a result of increased traffic arising from the subdivision.

A subdivision of this size would expect to generate approximately 8-10 vehicle

movements per day per lot. This would equate to approximately 224 – 280 extra vehicle
movements per day.

As a result of the removal of the through road to Francliff Avenue in the amended
application which resulted in all of the traffic movements being directed onto Joachim
Lane, the City’s Traffic Engineers required the applicant to undertake a Traffic Impact
Assessment (TIA).

The TIA concluded that all affected roads will function well post-development. However
the TIA did identify a need to undertake roadworks at the Retreat Road/Joachim Lane
intersection as follows:
 The provision of a shortened Type AUR (Auxiliary Right Turn) treatment (shown in
figure 6 below) for northbound traffic in Retreat Road opposite the Joachim Lane
intersection to include:
o Removal of parallel parking along the One Tree Hill Hotel frontage;
o Realignment of 23m of the western kerb;
o Repositioning of the existing pedestrian ramp;
o Remarking the left edge line and bicycle lane consistent with the new line of
kerb.

The AUR treatment essentially widens Retreat Road so that northbound vehicles can
pass to the left of stationary vehicles waiting to turn into Joachim Lane.

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Figure 6: Sketch plan of the required intersection works

The City’s Traffic Engineers have reviewed the TIA and assessed the proposal. Whilst
stating a preference for a through road to Francliff Avenue, they agree with the
recommendations in the TIA and consequently have not raised any concerns regarding
traffic safety, functionality or capacity. The design and dimensions of Joachim Lane can
accommodate the increase in vehicle movements. Further to this, all new roadways in
the subdivision will be designed in accordance with the City of Greater Bendigo's
Infrastructure Design Manual.

The dual road accessways (to Francliff Avenue and Joachim Lane) in the earlier
proposal would have enabled vehicle movements to be shared between both roads. This
would have split the traffic impacts between the residents on these two roads. It would
also have avoided the need for the intersection treatment at Retreat Road/Joachim Lane.

The applicant’s decision to revert to a single vehicular access to the site now means that
all traffic impacts will be burdened by Joachim Lane. This could be seen to be
inequitable to the residents on that road and indeed to the owner of the One Tree Hill
Hotel, given the intersection works required. However that is the design chosen by the
applicant and there is insufficient traffic or amenity reasons to refuse the application.

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It is therefore recommended that if a planning permit is granted, conditions are imposed

that require construction of the intersection treatment recommended in the TIA.

Removal of native vegetation and impact on biodiversity

The application proposes to remove all vegetation on site and some of the vegetation
within the Francliff Avenue road reserve to accommodate the new road and driveways.
This equates to a total of 1.182 ha.

DELWP mapping indicates this vegetation falls within a “moderate pathway”

classification under Clause 52.17.

Due to the extent of vegetation to be removed and its proximity to the Greater Bendigo
National Park, the applicant has engaged a qualified flora and fauna consultant to carry
out a field survey and to assess the conservation significance of the habitat and the
potential impacts the development would have on ecological values.

This report advises that there were no threatened flora or fauna species present on the
site. DELWP has also confirmed that the Department has no records of the presence of
threatened species on the site.

The report recommends that securing of offsets, providing a minimum strategic

biodiversity score of 0.232 within the north central catchment area, will provide for a net
gain in biodiversity values for the local bioregion. This will mitigate the negative impacts
caused by clearing the subject land and will meet the objectives of Clause 12.01 and
52.17.

DELWP, acting as the determining authority for vegetation removal of this extent, has
considered the proposal and consented to the clearing, subject to offset conditions.

It is recognised that some objectors are particularly concerned about potential adverse
impacts on the habitats of rare and endangered species in the area. It should be
highlighted that the developer is bound by Victorian State legislation (Flora and Fauna
Guarantee Act 1988) to protect threatened species (where applicable). These regulations
operate separately to the planning regulations and are the appropriate mechanism to
ensure the protection of rare and endangered flora and fauna. DELWP has included a
permit note in their conditions to remind the owner of this responsibility.

It is also recognised that the nearby National Park will continue to provide protected
habitat areas for local flora and fauna species.

Potential impacts on groundwater resources

The site is protected by Environmental Significance Overlay Schedule 2 – Groundwater

recharge protection area. A permit is required under ESO2 for subdivision and for the
removal of vegetation.

The applicant has submitted a report which has been prepared by a qualified geologist in
order to demonstrate how the proposed subdivision and vegetation removal will not
result in water table and dry land salinity issues. This report concludes that:

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"The undertaking of the subdivision at Francliff Avenue will not be affected by the local
geology which will be robust in respect to the works to be undertaken.

Potential recharge will be extremely low and following works, will be controlled by the
sealing of the access and roofing / yards etc. directing drainage appropriately.

It is not expected that works will have any effect on the standing water table."

This report and all other documentation were referred to Goulburn-Murray Water as the
responsible authority for groundwater resources. GMW has consented to the proposal,
subject to conditions for onsite management of works and connections to reticulated
sewerage.

On the evidence provided in the geology report and the expert advice of GMW, the
proposal is found to be satisfactory with regard to potential groundwater impacts.

Conclusion

The application seeks approval for the clearing of native vegetation and subdivision of
land within an established residential area of Spring Gully. Infill development of this
nature is supported by State and local housing policies.

The subdivision has been designed to respond to the features of the site and the context
of the surrounds, including the established pattern of development in the area.

Offsets for native vegetation will ensure there is no net loss to the biodiversity values of
area. DELWP has conditionally consented to the proposed extent of native vegetation
removal.

Goulburn-Murray Water has advised that potential for groundwater recharge will be
appropriately managed by connecting all buildings and works to reticulated storm water
and sewerage systems.

Bushfire risk can also be managed safely through appropriate conditions.

Vehicle access to and from the site will be provided via a new road intersecting with
Joachim Lane. The access arrangements and the capability of the existing street network
to accommodate the increased vehicle movements have been vetted by the City of
Greater Bendigo’s Traffic Engineers.

Overall it is considered that the proposal complies with the requirements of the Greater
Bendigo Planning Scheme.

Options

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

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Attachments

 Objections

Proposed Notice of Decision Conditions

1. PLANS TO BE ENDORSED
The plans to be endorsed and which will then form part of the permit are the
plans submitted with the application.

2. LAYOUT PLANS
The subdivision, as shown on the endorsed plans, must not be altered without
the prior written consent of the responsible authority.

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

4. EASEMENTS
All existing and proposed easements and sites for existing and required utility
services and roads must be set aside in favour of the relevant authority for
which the easement or site is to be created on the plan of subdivision
submitted for certification under the Subdivision Act 1988.

5. REFERRAL OF PLAN
The plan of subdivision submitted for certification under the Subdivision Act
1988 must be referred to the relevant authority in accordance with section 8 of
that Act.

6. PUBLIC OPEN SPACE CONTRIBUTION

Before the statement of compliance is issued the applicant or owner must pay
to the responsible authority a sum equivalent to 5% of the site value of all the
land in the subdivision.

7. LANDSCAPE PLAN
Before a statement of compliance is issued for the subdivision a landscape
plan be submitted to the satisfaction of the responsible authority. When
approved, the plan will be endorsed and then form part of the permit. The plan
must include:
(a) Planting within the nature strip in accordance with City of Greater Bendigo
Nature strip Policy.
(b) The pedestrian link must be a minimum of 3.5m wide with a path width of
a minimum of 2m constructed out of reinforced concrete in accordance
with the Infrastructure Design Manual. The remainder of the surface
treatment of the link must comprise compacted rock mulch.
(c) Removable bollards must be placed at the end of the pedestrian link path
to prevent vehicle access other than for emergency purposes.

8. COMPLETION OF LANDSCAPING

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Before a statement of compliance is issued for each stage of the subdivision

the landscaping works shown on the endorsed must be carried out and
completed for that stage to the satisfaction of the responsible authority.

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

10. SECTION 173 AGREEMENT- MINIMUM GARDEN AREA REQUIREMENT

Prior to the certification of the plan of subdivision, the owner must enter into
an agreement under Section 173 of the Planning and Environment Act 1987,
which provides that any lot created must provide the minimum percentage of
garden area required at ground level as set out in clause 32.08-4 of the
Greater Bendigo Planning Scheme to the satisfaction of the responsible
authority. The agreement must include a mechanism which would allow the
responsible authority to vary or delete the garden area requirement by written
consent, in the event of legislative changes.

11. DETAILED DRAINAGE

Before the plan of subdivision is certified under the Subdivision Act 1988,
plans to the satisfaction of the responsible authority must be submitted to and
approved by the responsible authority. When approved, the plans will be
endorsed and then will form part of the permit. The plans must be drawn to
scale with dimensions. The plans must include
 Direction of stormwater run-off;
 A point of discharge for each lot;
 Independent drainage for each lot;
 Easements as required.

12. CONSTRUCTION OF WORKS

Road works, drainage and other civil works must be constructed in
accordance the Infrastructure Design manual and with plans and
specifications approved by the Responsible Authority and must include for the
site:

Joachim Lane
(a) Paved footpath;
(b) Underground drainage;
(c) Appropriate intersection and traffication measures;
(d) Appropriate street lighting and signage.

Francliff Avenue
(a) Underground drainage;
(b) Underground conduits for water, gas, electricity and telephone.

Internal Roads
(a) Fully sealed pavement and kerb and channel;
(b) Paved footpath;

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(c) Underground drainage;

(d) Underground conduits for water, gas, and telephone;
(e) Appropriate street lighting and signage.

Intersection of Retreat Road and Joachim Lane

(a) Type AUR right turn treatment as recommended in the Traffic Impact
Assessment dated 02/10/2017.

13. PUBLIC ASSETS

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

14. CONSTRUCTION MANAGEMENT PLAN

Before the development starts, a Construction Management Plan to the
satisfaction of the Responsible Authority must be submitted to and approved
by the Responsible Authority. When approved, the plan will be endorsed and
will then form part of the Permit. Construction operations on and adjacent to
the site must conform to this endorsed plan. Two copies of the plan must be
submitted. The plan must include the following:
(a) A site specific plan showing proposed erosion and sedimentation control
works;
(b) Techniques and intervention levels to prevent a dust nuisance;
(c) Techniques to prevent mud and dirt being transported from the site to
adjacent streets;
(d) The protection measures taken to preserve any vegetation identified for
retention;
(e) The location of an area on-site to be dedicated for the parking of
construction workers’ and contractors’ vehicles;
(f) Contact details of the project manager on-site;
(g) A works timetable;
(h) A communication plan to advise local residents of any excessively noisy
activities such as piling; and
(i) Any other relevant matter.

During construction of works associated with the subdivision, the applicant

must employ and provide the protection methods contained in the CMP to the
satisfaction of the responsible authority.

15. COLIBAN WATER

(a) The owner is required to provide reticulated water and sewerage services
to each of the lots within the subdivision, and comply with any
requirements arising from any effect of the proposed development on
Coliban Water assets. Services are to be provided in accordance with

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Coliban Water’s specifications.

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

16. POWERCOR
(a) The plan of subdivision submitted for certification under the Subdivision
Act 1988 shall be referred to Powercor Australia Ltd in accordance with
Section 8 of that Act.
(b) The applicant shall:
 Provide an electricity supply to all lots in the subdivision in
accordance with Powercor’s requirements and standards, including
the extension, augmentation or re-arrangement of any existing
electricity supply system, as required by Powercor (A payment to
cover the cost of such work will be required). In the event that a
supply is not provided the applicant shall provide a written
undertaking to Powercor Australia Ltd that prospective purchasers will
be so informed.
 Where buildings or other installations exist on the land to be
subdivided and are connected to the electricity supply, they shall be
brought into compliance with the Service and Installation Rules issued
by the Victorian Electricity Supply Industry. You shall arrange
compliance through a Registered Electrical Contractor.
 Any buildings must comply with the clearances required by the
Electricity Safety (Installations) Regulations.
 Any construction work must comply with Energy Safe Victoria’s “No
Go Zone” rules.
 Set aside on the plan of subdivision for the use of Powercor Australia
Ltd reserves and/or easements satisfactory to Powercor Australia Ltd
where any electric substation (other than a pole mounted type) is
required to service the subdivision.
 Obtain Powercor Australia Ltd’s approval for lot boundaries within any
area affected by an easement for a powerline and for the construction
of any works in such an area.
 Provide to Powercor Australia Ltd, a copy of the version of the plan of
subdivision submitted for certification, which shows any amendments
which have been required.

17. DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING

Notification of permit conditions
(a) Before works start, the permit holder must advise all persons undertaking
the vegetation removal and works on site of all relevant conditions of this
permit.

Protection of vegetation to be retained

(b) Before works start, a native vegetation protection fence must be erected
around all remnant patches and trees to be retained on site. This fence
must be erected around the remnant patch at a minimum distance of 2
metres from retained native vegetation and/or at a radius of 12 × the
diameter at a height of 1.3 metres to a maximum of 15 metres but no less
than 2 metres from the base of the trunk of tree. The fence must be

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constructed of star pickets and paraweb or similar to the satisfaction of

the responsible authority. The fence must remain in place until all works
are completed to the satisfaction of the responsible authority.

Except with the written consent of the responsible authority, within the
area of native vegetation to be retained and any tree protection zone
associated with the permitted use and/or development, the following is
prohibited:
i. vehicular or pedestrian access
ii. trenching or soil excavation
iii. storage or dumping of any soils, materials, equipment, vehicles,
machinery or waste products
iv. entry and exit pits for underground services
v. any other actions or activities that may result in adverse impacts to
retained native vegetation.

Native vegetation offsets

(c) To offset the removal of 1.182 hectares of native vegetation approved as
part of this permit, the applicant must provide a native vegetation offset
that meets the following requirements, and is in accordance with the
Permitted clearing of native vegetation – Biodiversity assessment
guidelines and the Native vegetation gain scoring manual:

The offset must:

 contribute gain of 0.206 general biodiversity equivalence units;
 be located within the North Central Catchment Management Authority
boundary or City of Greater Bendigo municipal district; and
 have a strategic biodiversity score of at least 0.232.

Offset evidence
(d) Before any native vegetation is removed, evidence that an offset has
been secured must be provided to the satisfaction of the responsible
authority. This offset must meet the offset requirements set out in this
permit and be in accordance with the requirements of the Permitted
clearing of native vegetation – Biodiversity assessment guidelines and
the Native vegetation gain scoring manual. Offset evidence can be either:
i. a credit register extract from the Native Vegetation Credit Register; or
ii. a security agreement, to the required standard, for the offset site or
sites, including a 10-year offset management plan to the satisfaction
of the Department of Environment, Land, Water and Planning and
approved by the Responsible Authority. Every year, for ten years,
after the responsible authority has approved the offset management
plan, the applicant must provide notification of the management
actions undertaken towards implementing the offset management
plan, to the department. An offset site condition statement, including
photographs must be included in this notification.

18. GOULBURN-MURRAY WATER

(a) All works within the subdivision must be done in accordance with EPA
Publication 960 “Doing It Right on Subdivisions, Temporary Environmental
Protection Measures for Subdivision Construction Sites”, September

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2004.
(b) Each lot must be provided with connection to the reticulated sewerage
system in accordance with the requirements of Coliban Water.
(c) All stormwater discharged from the site must meet the urban run-off
objectives and Standard C25 as specified in Clause 56.07-4 of the
Victorian Planning Provisions. All infrastructure and works to manage
stormwater must be in accordance with the requirements of the
Responsible Authority.

19. SECTION 173 AGREEMENT - MANDATORY BUSHFIRE SUBDIVISION

Before the statement of compliance is issued under the Subdivision Act 1988
the owner must enter into an agreement with the responsible authority under
Section 173 of the Planning and Environment Act 1987. The agreement must:
(a) State that it has been prepared for the purpose of an exemption from a
planning permit under Clause 44.06-2 of the Greater Bendigo Planning
Scheme.
(b) Incorporate the plan prepared in accordance with Clause 52.47-2.4 of
this Planning Scheme and approved under this permit.
(c) State that if a dwelling is constructed on the land without a planning
permit that the bushfire protection measures set out in the plan
incorporated into the agreement must be implemented and maintained to
the satisfaction of the responsible authority on a continuing basis.

The land owner must pay the reasonable costs of the preparation, execution
and registration of the Section 173 Agreement.

20. COUNTRY FIRE AUTHORITY

Bushfire Management Plan
(a) The Bushfire Management Plan drawing no. 1409063 – BMS Revision C
dated 14/11/2017 prepared by Shane Muir Consulting Engineers must be
endorsed to form part of the permit, be included as an annexure to the
section 173 agreement and must not be altered unless otherwise agreed in
writing by the CFA and the Responsible Authority.

Hydrants
(b) Operable fire hydrants must be provided to the satisfaction of CFA.
(c) The maximum distance between these hydrants and the rear of all lots
must be 120m and hydrants must be no more than 200m apart.
(d) Hydrants must be identified as specified in “Identification of street
hydrants for firefighting purposes”.
(e) Hydrants must be located as shown on the Bushfire Management Plan.

21. TELECOMMUNICATIONS
The owner of the land must enter into an agreement with:
(a) A telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
accordance with the provider’s requirements and relevant legislation at
the time.
(b) A suitably qualified person for the provision of fibre ready
telecommunication facilities to each lot shown on the endorsed plan in
accordance with any industry specifications or any standards set by the

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Australian Communications and Media Authority, unless the applicant

can demonstrate that the land is in an area where the National
Broadband Network will not be provided by optical fibre.
(c) Before the issue of a Statement of Compliance for any stage of the
subdivision under the Subdivision Act 1988, the owner of the land must
provide written confirmation from:
(d) A telecommunications network or service provider that all lots are
connected to or are ready for connection to telecommunications services
in accordance with the provider’s requirements and relevant legislation at
the time.
(e) A suitably qualified person that fibre ready telecommunication facilities
have been provided in accordance with any industry specifications or any
standards set by the Australian Communications and Media Authority,
unless the applicant can demonstrate that the land is in an area where
the National Broadband Network will not be provided by optical fibre.

22. AUSNET SERVICES (GAS)

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

23. EXPIRY OF THE PERMIT

(a) The plan of subdivision is not certified within two years from the date of
this permit; or
(b) The subdivision is not completed within five years from the date of
certification of the plan of subdivision.
The responsible authority may extend the time for certification of the plan if a
request is made in writing before the permit expires or within six months
afterwards.

NOTES

1. DELWP

 Works or other activities on public land, which may impact on protected plants, will
require a Protected Flora Licence or Permit under the Flora and Fauna Guarantee
Act 1988 (FFG). All native vegetation likely to be impacted should be checked against
the Protected Flora List (DEPI 2014) to determine whether FFG approvals are
required. Protected Flora Permits can be obtained from the department’s regional
office.
To assist applicants meet permit condition requirements, Meeting permit conditions –
third party offsets Fact sheet (DEPI 2013) and First party general offset kit (DEPI 2013)
are available, please visit www.depi.vic.gov.au/nativevegetation for further information.

2. Consent for Work within Road Reserves

The applicant must comply with;

 The Road Management Act 2004,
 Road Management (Works and Infrastructure) Regulations 2005 and
 Road Management (General) Regulations 2005

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

3. Trees within Road Reserves

Any trees within the Francliff Avenue road reserve which need to be removed for vehicle
crossovers should be nominated on plans and the Urban Tree Management Policy
amenity value will be applied.

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2.5 VISIT TO DUNEDIN CITY COUNCIL, NEW ZEALAND (FEBRUARY

2018)

Document Information

Author Jess Clarke-Hong, Manager Governance

Responsible Kerryn Ellis, Director Corporate Performance

Director

Purpose

The purpose of this report is to endorse a trip to Dunedin, New Zealand to commence
dialogue on the proposed network of 'great small cities' and to endorse the travel to meet
with representatives from the Dunedin City Council by the Mayor, Cr Margaret O'Rourke
and Cr Matt Emond, together with Chief Executive Officer, Craig Niemann and Manager
Regional Sustainable Development, Mr Trevor Budge earlier this month.

Summary

Dunedin Council has wholeheartedly embraced the concept of Creative Industries and is
a UNESCO City of Literature The City has an exceptional engagement process with their
own very advanced and creative industries sector.

RECOMMENDATION

That Council endorse the visit to Dunedin City Council by Crs Margaret O'Rourke and
Matt Emond, the Chief Executive Officer, Mr Craig Niemann and Manager, Regional
Sustainable Development Mr Trevor Budge to further progress the City of Greater
Bendigo's Global Smart Cities framework.

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

Policy Context

Community Plan Reference:

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.

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Background Information

Following discussion with representatives from Dunedin Council, there was only a short
timeframe to secure appropriate meetings with the Dunedin Mayor, who consequently is
now the New Zealand that represents all local government in New Zealand with its
national government and the Dunedin Council Chief Executive Officer.

The hospitality extended to our representatives from Dunedin City Council was
exemplary.

Previous Council Decision(s) Date(s): N/A

Report

This report is to receive the endorsement of Council for the visit to Dunedin City Council
to establish links and relationships in regarding to the overall Smart Cities proposals
between the two countries.

A further detailed report on the outcomes of the visit will be provided to a future Council
Meeting.

Resource Implications

The cost of the trip was approximately $6,000 which can be accommodated within the
current budget.

Attachments

Nil

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Wellbeing and Fairness - Reports Ordinary Meeting - 21 February 2018

3. WELLBEING AND FAIRNESS

3.1 ENDORSEMENT OF THE DRAFT GREATER BENDIGO PUBLIC

SPACE PLAN FOR PUBLIC DISPLAY

Document Information

Author Mark Stubbs, Senior Strategic Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth

Purpose

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

Summary

The draft Greater Bendigo Public Space Plan has been produced as a long-term strategy
to shape the future of public space in our city.

The broad direction, strategies and actions contained within the document reflect a
substantial process of research, analysis, and conceptual visioning over several project
stages, each of which has entailed a high level of consultation.

Oversight of the development of the Public Space Plan is being provided by a Steering
Group made up of representatives of the City of Greater Bendigo (three Councillors and
four Directors), and several key government and other organisations, as well as a
community-based Reference Group comprising twelve residents from various parts of
the municipality with wide-ranging interests in public space. Specialist peer advice to the
project is being provided by the Victorian Design Review Panel of the Office of the
Victorian Government Architect.

Subject to Council endorsement of the draft Public Space Plan, a public display and
engagement period will be commenced in late February with the aim to promote
community awareness of the strategy and to encourage input. During this time, an
implementation framework to support the delivery of the draft Public Space Plan will be
developed collaboratively and also made available for public comment.

The draft Public Space Plan will then be finalised for adoption by Council by the end of
the 2017/18 financial year.

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Wellbeing and Fairness - Reports Ordinary Meeting - 21 February 2018

RECOMMENDATION

That the Greater Bendigo City Council resolves to:

1. Endorse the draft Greater Bendigo Public Space Plan (the Public Space Plan).

2. Commence public display of the draft Public Space Plan for a period of six weeks to
help refine all aspects of the strategy through a process of agency and community
engagement and input.

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

Policy Context

Community Plan Reference:

Goal 2 Wellbeing and fairness

Objective 1.5 Promote positive wellbeing across the Greater Bendigo community

2017-2018 Action Complete the Public Space Strategy and commence implementation

Regional Strategic Plan Reference:

Principle 6 of the Loddon Mallee South Regional Growth Plan - Protect and enhance our
natural and built environment – is strongly supported by various strategies within the
draft Public Space Plan.

Rural Communities Strategy (Issues and Impacts):

The rural communities of Greater Bendigo, in particular the small towns, are reflected in
the draft Plan. Recommendations are provided for each town precinct, drawing on a
range of sources including Community Plans, other relevant strategies and the broader
objectives of the draft Public Space Plan. The public display process will provide the
opportunity for small town public space recommendations to be reviewed and developed
further if required through direct local involvement.

Background Information

Replacing the 2005 Open Space Strategy and the 2009-2014 Play Space Strategy, the
Greater Bendigo Public Space Plan is being developed as a long-term strategy to guide
the coordinated planning, design, use and management of the city’s public spaces in the
interest of supporting the broader objective of our city’s liveability.

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Wellbeing and Fairness - Reports Ordinary Meeting - 21 February 2018

The Public Space Plan project has progressed to an advanced stage – the preparation of
a draft Plan for public display and comment. Stage one, completed in August 2016,
sought to provide a comprehensive understanding of the major strategic public space
issues of our city, and did so through a process of wide-ranging consultation, research,
analysis and documentation. The Greater Bendigo Public Space Plan - Strategic
Context and Issues Report was the product of this stage.

The second stage of the project had a very different goal – the creation of a conceptual
vision for public space in Greater Bendigo, looking ahead 50 years. In October 2016, the
community and agencies were invited to contribute to the development of the conceptual
vision via a 2.5-day workshop and online survey; the draft conceptual vision which
emerged was subsequently developed further and released for public comment in
January-February 2017. The Greater Bendigo Public Space Plan Conceptual Vision was
endorsed by Council in April 2017 and authorisation was given to develop the draft
Public Space Plan which is the subject of this Report.

Previous Council Decision(s) Date(s):

September 2015 – Council workshop briefing to discuss and agree on the scope of the
Public Space Plan project.

August 2016 – Endorsement of the draft Strategic Context and Issues Report and
Summary Report as a sound basis to progress the project and approval to release the
report for public comment.

December 2016 – Approval to continue community engagement for the project, including
release of the Conceptual Vision for public comment.

April 2017 – Endorsement of the Conceptual Vision for the Greater Bendigo Public
Space Plan and associated public notification. Begin to prepare the draft Public Space
Plan.

Report

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

The draft Public Space Plan is broad-reaching in its response to various major public
space influences and issues – everything from increasing population and urbanisation to
the impacts of a changing climate. Its strategies are also responsive to a consistent
picture of community interests regarding public space that has emerged through project-
related engagement as well as from the findings of consultation for other projects.

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The strategies of the draft Public Space Plan aim to reflect a mix of aspiration and
practicality, addressing the need for opportunities to deliver beneficial change within the
short to medium term whilst working within a much broader and longer-term framework.
Accordingly, some strategies are complex, large, and in certain cases transformative in
their outlook. Larger timeframes, sometimes measures in several decades, will be
needed to progress these kinds of strategies, piece-by-piece. There are numerous place-
specific strategies with great variety in their nature, scale, complexity and cost.

Various adopted strategies of the city are also significant in the context of public space.
The draft Public Space Plan aims to align with and complement these strategies. For
example the recommendations of the 2016 Environment Strategy in relation to the
Bendigo Creek and to water management, or the recommendations of the 2014
Residential Strategy regarding areas of future housing development.

The draft Public Space Plan includes, and is structured according to, the following major
elements, each of which has a particular purpose:

Part 1: Introduction and The context for public space planning in Greater
context Bendigo including a summary of the major issues we
are facing and community expectations. This part also
includes a snapshot of the overall plan.
Part 2: City-shaping public The major public space strategies which will most
space strategies significantly shape the physical form and landscape of
Greater Bendigo, and help to reinforce Greater
Bendigo’s public space identity and uniqueness.
Part 3: Strategies to shape The strategies which for crucial aspects of public
our public spaces space in Greater Bendigo – activation, water,
biodiversity, heritage, sports and play spaces, and how
we fund and manage our spaces.
Part 4: Precinct plans The public space strategies for individual public
spaces in different communities across the
municipality. Must be read in conjunction with parts 2
and 3.
Part 5: Appendices Supporting details not essential to have in the main
document.

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

Strategy topic Overview of strategies Ref.

Protect and enhance Ensure that these high-profile spaces of municipal p.23
our major historic and regional significance are appropriately planned,
and contemporary managed, resourced and optimised for community
parklands benefit.
Creating a city of Increase the abundance of shade by increasing tree p.25
shade and filtered cover in our town centres, open spaces and streets,
light adding more verandahs and awnings to public and
private buildings, and providing shade for play
spaces and around sports fields.
City in a forest Improve and transform the forest interface with a p.33

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range of management and urban design changes to

fit conditions in each local area.

Strengthen our connection with the forest with major

public space-based links from/to the urban areas,
marked entry points, restoration of the Bendigo
Bushland Trail and continued promotion of forest
heritage and values.
People-focussed Progressive changes to the urban design of town p.37 &
centres and walkable centres to create better environments for people and p.41
neighbourhoods business, such as wider footpaths, pedestrian-only
or shared zones in suitable areas, making better use
of street corner space, designing streets for safer
crossing and adding more pedestrian amenities,
trees and landscaping.

Create more walkable streets in our communities

with gradual improvements such as adding and/or
widening footpaths, reducing excessive areas of
asphalt, safer street crossings on major and minor
roads, and planting more street trees.
Network of corridors Expand the system of shared paths into a network of p.37
corridors combining different kinds of public spaces
– parks, streets, creek lines, easements, rail lines –
to connect neighbourhoods and communities, and
provide a city-wide recreational and movement
resource. The corridors will incorporate not only the
pathways, but other important attributes such as
seating, trees and landscaping, transport separation
and traffic control, and appropriate-design of private
development on adjoining land.
Quality public space Focus investment in key public spaces to optimise pp.
their overall net community and environmental 51-53
benefit.
Introduce a hierarchy to guide the provision of,
improvement of and service standards for public
open spaces. Align the hierarchy with hierarchies for
organised sport and play spaces.
Public spaces and Coordinate the planning of the recycled water pp.
water network to support irrigation and water access in 51-52
targeted public spaces.
Improve integration and design of drainage-related
infrastructure (e.g. retarding basins, overland flow
paths) to support public space use and amenity.
Conservation of Identify and preserve public spaces dedicated pp.
biodiversity in public primarily to the purpose of conservation and ensure 55-56
spaces these areas are sufficiently large enough to
effectively support biodiversity.
Enhance biolinks by preserving two major breaks
within the urban area, vegetating the public space

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corridors network, increasing the urban forest, and

retaining vegetation in undeveloped road reserves.

Public space funding Achieve a fairer balance of public space investment, pp.
and management both geographically across communities and by type 81, 85
(e.g. road infrastructure compared to walking/cycling & 87
infrastructure).
Purchase strategic sites for public space and
prioritise the open space reserve fund for this
purpose.
Consider establishing a dedicated funding stream for
public space investment and an advisory committee
to provide strategic guidance and monitoring of
public space strategy delivery.

Priority/Importance:

High priority – the 2005 Open Space Strategy and 2009 Play Space Strategy are both
overdue to be replaced by a contemporary strategy.

Options/Alternatives:

Council has the option of endorsing the draft Public Space Plan for public display as
presented, or with any changes or clarifications that it considers are required. The option
to not proceed further at this time is also available.

Timelines:

The Greater Bendigo Public Space Plan project commenced in November 2015 and is
due to be completed by July 2018.

Progress:

The development of the draft Public Space Plan represents completion of Stage 3 of the
project. Stage 4 involves the public display and finalisation process, which will involve
the following main steps:

Activity Planned timing

Public display and engagement period Late March – early May 2018
Steering Group and Community Late May 2018
Reference Group meetings
Council briefing Early July 2018
Council meeting Late July 2018

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Risk Analysis:

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

Consultation/Communication

Internal and External Consultation:

A good deal of the content of the draft Public Space Plan was informed by and some
cases the direct product of staff collaboration. From late May to early June 2017, twenty
working sessions were held, each focussing on a particular thematic element of the
strategy. They included staff from across the City of Greater Bendigo as well as agencies
and organisations such as the Country Fire Authority, Coliban Water, the Department of
Environment, Land, Water and Planning (DELWP), Remembrance Parks Central
Victoria, Public Transport Victoria and VicRoads.

A five-week period during November-December 2017 was also provided for internal
feedback on the draft Public Space Plan.

Most recently, the draft Public Space Plan was presented to and discussed with the
Executive Management Team, the project Steering Committee and the Community
Reference Group.

Feedback from all of these groups has been considered and appropriately reflected in
the content of the strategy.

The opportunity will be taken to continue the involvement of the Design Review Panel of
the Office of the Victorian Government Architect in the peer review of the Greater
Bendigo Public Space Plan project. A review session will be sought during or
immediately following the public display period. Advice received will be considered and
reported to Council.

Next Steps

Public engagement in the draft Public Space Plan will be the focus of the next and final
stage of the project. Our main aim will be to raise public awareness of its various
strategies and to encourage feedback to help refine and improve the final version of the
document to be considered by Council for adoption.

Notable aspects of the planned community engagement process are as follows:

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

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 Availability of a summary version of the draft Public Space Plan in addition to the full
version.
 Online and hard copy access (Council offices, local library branches, all post offices,
as well as other selected venues).
 A series of local area display/information sessions (aligned with the precincts).
 Direct notification of landowners and occupiers likely to be affected by potential public
space acquisitions and sales.

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

Resource Implications

Budget Allocation in the Current Financial Year: $18,000

External Funding Sources: None.

Projected costs for future financial years:

Cost estimates associated with the strategies of the Public Space Plan have not yet been
prepared, however the completion of cost estimates is specified as an action. The broad
nature, and sometimes large scope, of strategies means that cost estimates will be high
level and indicative only.

Attachments

1. Attachment A – Greater Bendigo Public Space Plan, Draft for community comment,
February 2018, Parts 1 to 3
2. Attachment B – Greater Bendigo Public Space Plan, Draft for community comment,
February 2018, Part 4 and 5

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3.2 GOLDEN SQUARE SWIMMING POOL

Document Information

Author Lincoln Fitzgerald, Manager Active & Healthy Lifestyles

Responsible Vicky Mason, Director Health and Wellbeing

Director

Purpose

For Council to determine the future of the service and infrastructure provided at Golden
Square Swimming Pool.

Summary

Golden Square Swimming Pool Inc. has successfully operated the Golden Square
Swimming Pool since it was reopened in 2013. Attendances have significantly increased
and community engagement with the site has increased. The Committee of the pool
briefed the previous Council on their activities at a forum on 14 September 2016 and
requested that Council reconsider the current resolution to close and decommission the
facility.

At the Council meeting of 6 March 2013 Council resolved amongst other things: …3e)
the pool will be permanently closed and be decommissioned:

1. In the event that conditions of the lease cannot be met; or

2. In the event of continued successful operation, no later than the opening of the
proposed new Kangaroo Flat Aquatic Centre.

With the Gurri Wanyarra Wellbeing Centre at Kangaroo Flat expected to open prior to the
2018/19 summer, the Golden Square Swimming Pool will be decommissioned at the end
of the 2017/18 summer season in accordance with this resolution.

The new Gurri Wanyarra Wellbeing Centre will result in a significant increase to aquatic
facility service provision within close proximity of Golden Square Swimming Pool and
officers are requesting Council to consider the closure of Golden Square Swimming Pool
in the context of all aquatic services within the municipality.

The City of Greater Bendigo has the largest number of swimming pools of any
municipality in Victoria. Many of the City’s swimming pools are approaching the end of
their asset life and require significant upgrades to continue providing a safe and
enjoyable environment which meets community expectations. If Council were to proceed
with the closure of Golden Square and Kangaroo Flat Swimming Pools while opening the
Gurri Wanyarra Wellbeing Centre, Greater Bendigo will remain the municipality with the
most public aquatic facilities.

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In considering the officer’s recommendation, Council has the difficult task of balancing
the over provision of aquatic service levels against the desire of Golden Square Pool Inc
to continue operating the facility.

RECOMMENDATION

That Council:
i. Permanently close the Golden Square Swimming Pool upon the opening of the
Gurri Wanyarra Wellbeing Centre;
ii. Conduct a community celebration to recognise the contribution of volunteers and
the facility to community life in Golden Square;
iii. As part of the Golden Square Recreation Reserve Master Plan undertake
community engagement to determine the future use of the site for community
health and wellbeing purposes;
iv. As part of the 2018/19 budget deliberations allocate design funding to support
repurposing of the site in accordance with the master plan; and
v. Where possible, repurpose Council owned assets of Golden Square Swimming
Pool at other public swimming pools.

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

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:

Goal #1 Lead and govern for all

Objective 1.1 Engage with all communities

Objective 1.2 Explain the reasons for its decisions
Objective 1.4 Be accountable and efficient in its use of the community’s money

Goal #2 Wellbeing and fairness

Objective 2.1 Create a much healthier Greater Bendigo

Objective 2.2 Promote positive wellbeing across the Greater Bendigo community
Objective 2.3 Promote community connection
Objective 2.4 Support participation and development for residents of all ages and
abilities
Objective 2.5 Create safe and resilient communities
Goal #4 Presentation and managing growth

Objective 4.1 Plan for a growing population

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Objective 4.4 Keep Greater Bendigo attractive with good quality public facilities
and places
Objective 4.5 Provide and maintain urban and rural infrastructure to support the
liveability of our community.

Strategy Reference (include weblink as applicable):

http://www.bendigo.vic.gov.au/About/Document-Library/greater-bendigo-aquatic-
facilities-strategy-2010

The recommendations of this report are consistent with the Aquatic Facilities Strategy
adopted by Council December 2010.

Background Information

Golden Square Swimming Pool is located off Maple Street, Golden Square. The site is
part of the Golden Square Recreation Reserve which is Crown Land Reserved for Public
Recreation and was vested in Council as a Trustee in 1979. The responsibility of Council
under a vesting arrangement is more onerous than that as a Committee of Management.
Under the vesting arrangement, Council manages the site for the purpose of public
recreation and is responsible for matters such as public liability, day to day management
of the facility and general maintenance.

The site was managed by volunteers until the early 2000’s when volunteer fatigue
resulted in the committee folding. The site was then externally managed under a short
term contract. During this time the aesthetic condition of the facility declined and
attendances were very poor.

Constructed in the mid-1960’s the fenced pool area is approximately 4,200sqm which
includes a 50mx15m (5 lane) main pool with depths varying from 1.07 to 1.83m deep.
The minor pools consist of a learner pool of dimensions 19.8m x 8.2m with a depth
varying from 0.38m to 0.91m and also a toddlers pool of dimensions 8.2m x 6.1m varying
in depth from 0.23 to 0.38m.

Golden Square Pool is approximately half way between Faith Leech Aquatic Centre
(approximately 2.8km) and the new Gurri Wanyarra Wellbeing Centre (approximately
2.6km). The site is also adjacent the Bendigo Creek Linear Trail which connects
residents to the Gurri Wanyarra Wellbeing Centre or Faith Leech Aquatic Centre. Golden
Square is provided two bus services which allow public transport to/from Faith Leech
Aquatic Centre or the Gurri Wanyarra Wellbeing Centre. These include:

Route 5 (Huntly to Kangaroo Flat via High Street)

- Monday to Friday 30 services per day
- Saturday 14 services per day
- Sunday 11 services per day

Route 55 (Bendigo Station via Golden Square to Kangaroo Flat via Aspinall /
Browning Streets)
- Monday to Friday 26 services per day
- Saturday 10 times per day
- Sunday 10 times per day

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As Golden Square Swimming Pool was constructed in the mid-1960’s, some of the
infrastructure is approaching or past the end of the expected design life and will require
increasing maintenance or ultimately replacement. In addition to the asset condition,
standards of construction have changed and a number of items no longer meet industry
expectations. In January 2013 a list of works to meet minimum health and safety
standards/expectations was developed by an external engineer based on an earlier
audit. The estimated cost to undertake these works was $292,150 at that time. The
Golden Square Swimming Pool Committee has undertaken a number of these works as
volunteers, by sourcing grants or through donations from local businesses. These
include:

Description of Work Original Cost Estimate

Painting of the pools $20,200
Installation of a foot pedal on the chemical dump shower $ 1,600
Provision of personal protective equipment $ 450
Update of Material Safety Data Sheets $ 0
Development of an Operations Manual $ 2,500
Swimming pool signage $ 2,500
Servicing of the circulation pump $ 4,050
Total $31,300

The volunteer effort in completing these works must be acknowledged. It has allowed the
facility to continue operating and improved the aesthetic appearance of the facility for
visitors. In acknowledging these works it must also be accepted that they do not address
long term concerns at this site. The most critical items (amongst others) which must be
addressed if the site is to be retained for the long term include:

 Increasing the water turnover rate from the current 10.6 hours to the industry
standard of less than 4 hours;
 Installing appropriate chemical spill areas for delivery and separated storage;
 Upgrading electrical switchboards;
 Improving the structural integrity of the plant room (or replacement of)
 Addressing compliance with other legislation such as the Disability Discrimination
Act.

It should also be noted that the engineering standard for water retaining concrete
structures indicates a theoretical asset life of 50 years. Golden Square Pool is
approaching the end of this theoretical asset life and as such the integrity of the pool
shell will become less predictable.

Many of these items involve significant cost and are likely to be beyond the capacity of a
volunteer group to fund or deliver. If the facility is retained as a long term prospect, it is
likely that Council will be required to contribute financially and with technical expertise.

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In noting the issues which confront Golden Square Swimming Pool, it should also be
noted that these issues are not unique to this site. Many of the City’s aquatic facilities are
approaching end of life, do not meet legislative requirements such as the Disability
Discrimination Act and have water turnover rates of more than 4 hours. Based on current
and future financial constraints, it is difficult to address these issues while also continuing
to provide the large number of aquatic facilities. A long-term approach to this service
which considers renewing assets while also modernising the service is critical to provide
an aquatic and leisure service which meets the leisure, education and health/wellbeing
outcomes of the community.

Council’s adopted Aquatic Facilities Strategy includes the closure of Golden Square and
Kangaroo Flat swimming pools upon the opening of a new modern aquatic and leisure
facility at Kangaroo Flat. The strategy highlights the City’s traditional aquatic facility
provision and the need to modernise those facilities to provide the community with
facilities which meet modern expectations. Specifically, the City has a large number of
lap pools but low provision of aquatic facilities which offer other activities such as water
play, leisure, learn to swim or warm water exercise. Industry market analysis reveals that
only 20-25% of aquatic facility users attend the site for exercise with the remaining
visitations relating to recreation/leisure/adventure, education or physical therapy. The
new Gurri Wanyarra Wellbeing Centre will offer these opportunities with a Water
Playground, Leisure Pool, Learn to Swim Pool, Warm Water Exercise Pool, Spas,
Steam/Sauna, Lap Pool, Wellness Suites, Creche, Gym, Spin Room and two Program
Rooms.

RECREATION,
LEISURE &
ADVENTURE
• 60-70% of pool users
• Coming for fun and
play

Maximum
FITNESS &
THERAPY
• 10-15% of users
• Hydrotherapy
Aquatic TRAINING
• 20-25% of pool users
• Exercise classes in
water Facility User • Competitive swimmers
• Club/Association users

Attraction

EDUCATION
• 10-15% of users
• Learn to Swim, Schools,
etc

Diagram 1 (above): Main aquatic user markets to attract customers - 2010

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The City of Greater Bendigo was one of the twelve councils audited by the Victorian
Auditor General’s Office in 2016. One of the findings from the audit was:

Overall the audited councils have provided sound advice to councillors relating to
ARCs (Aquatic and Recreation Centres) – underpinned by business cases,
feasibility studies or briefings that outlined community needs and each council’s
capacity to meet these needs. However, this advice has not been followed in all
instances.

Despite well planned and extensive community engagement around the strategic
direction of ARCs, community opposition to proposed pool closures is often vocal
and well organised. Our survey asked councils if there were any bids, proposals or
suggestions presented to councils in the past four years to permanently close or
downgrade investments in ARCs. Of the 12 councils who answered yes, there were
only two cases of permanent closures or reduced investment. The councils
identified community and council objections as the key reasons for proposals not
being accepted.

This finding highlights the difficulty Councillors face in considering pool closures and
balancing this with the desire of the community to retain facilities and services.

Previous Council Decision(s) Date(s):

At its meeting on 1 December 2010, Council adopted a suite of recommendations in

order to achieve a sustainable municipal wide Aquatic Strategy that intends to provide a
mix of aquatic opportunities which meet modern expectations across Greater Bendigo.
Included in the recommendations were the actions to develop a new indoor aquatic
leisure centre and close the Golden Square Swimming Pool.

At the Ordinary Council meeting of 14 November 2012 Council resolved amongst other
things to…2. Permanently decommission the Long Gully and Golden Square Swimming
Pools...

At the meeting of 19 December 2012 Council resolved: That the Golden Square
Swimming Pool not be demolished or removed until such time as the eight (8) questions
submitted on behalf of the attendants at the public meeting held on 10 December 2012,
have been addressed and a decision made by the Council as to the future use of the
land.

At the meeting of 13 February 2013 Council resolved:

That having considered the petition received from members of the Golden Square
community in relation to the closure of the Golden Square swimming pool that Council:
i. Acknowledge and greatly appreciate the efforts made by a number of Golden
Square residents for their willingness to volunteer in order to reopen the
Golden Square pool for the 2013-14 season, however note that the overall
costs of pools needs to be balanced with Council’s finite resources and the
competing demands of all other recreational pursuits.

ii. Adopt Option 3 which is to:

a) Proceed with the permanent closure and demolition of Golden Square
Swimming Pool,

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b) Allocate funding as part of the 2013/14 budget for the development of a

Recreation and Opens Space Master Plan including the Golden Square
Swimming Pool site, walking track, recreation reserve and Bowling /
Croquet Club, and
c) Notify the submitters of Council’s decision.

That Council conduct a mediation meeting with representatives of the Save the Golden
Square Pool Committee to further discuss the outcomes of the Council decision tonight.

That people with Golden Square Swimming Pool seasons ticket for the 2011/2012, be
given free access to either the Bendigo Aquatic Centre or the Kangaroo Flat Swimming
Pool for the season 2013/14.

6 March 2013 – Notice of Motion – Golden Square Swimming Pool

At the Ordinary Council meeting of 6 March 2013 the motion was unanimously carried
that:
1. Council recognise the enthusiasm and commitment of the Golden Square Save
our Pool Committee in relation to the future of the Golden Square Swimming
Pool and, in response to the Group’s commitment to raise funds, re-open and
operate the pool.

2. In accordance with Council’s resolution of 14 November 2012 the

decommissioning of the Golden Square Pool be postponed to a date no earlier
than 6 March 2014.
a) Other than reinstating the items already removed as part of the
decommissioning, the group undertake all capital and maintenance works
required to restore the pool to a safe and compliant standard for
operation by 1 December 2013;
b) As soon as the pool is in a safe and compliant condition, Council
commence to negotiate a process to relinquish its Committee of
Management status in relation to the property with the Department of
Sustainability and Environment and recommend that responsibility for
management be transferred to the Pool Group, while the pool is
operational until the opening of the proposed new Kangaroo Flat Aquatic
Centre.

3. Council issue a Lease to the Golden Square Pool Committee under section
16(2) of the Crown Land (Reserves) Act 1978 for a period of one year ending 6
March 2014.
The Lease to include special conditions to cover:
3. Development and safety requirements to ensure the pool meets and maintains
the required standard, ie the pool be operated in accordance with all relevant
health and safety and water quality standards including the required standard
in accordance with current legislative requirements of the Public Health and
Wellbeing, Dangerous Goods, Occupational Health & Safety Acts and
Guidelines for Safe Pool operations and undertake a Lifesaving Victoria Safety
Audit and implement any recommendations;
4. The provision by council of financial support for recurrent expenses similar to
which is provided for the Committee of the White Hills Pool’
5. The Council will not pay for any ongoing maintenance or capital works for the
Golden Square Pool;

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6. The pool will be permanently closed and be decommissioned:

i. In the event that conditions of the lease cannot be met; or
ii. In the event of continued successful operation, no later than the
opening of the proposed new Kangaroo Flat Aquatic Centre.

4. Immediate action be taken to secure the Golden Square pool property including
plant room and all fixtures related to the pool’s operation.

Report

Since 2013 Golden Square Pool Inc has operated the Golden Square Swimming Pool.
Over this time attendances have increased significantly. Golden Square Pool Inc have
enhanced the aesthetic presentation of the site by painting and addressing minor
maintenance issues. As a volunteer management group, Golden Square Swimming Pool
Inc’s performance has been very good and this is demonstrated through increased use
of the site.

While Golden Square Pool Inc has managed the site well and attendances have
increased, the City has an over provision of traditional aquatic facilities and is
constructing a new major regional facility in close proximity.

The efforts and performance of Golden Square Swimming Pool Inc should be recognised
and celebrated as a success, however the recommendations of the Aquatic Facilities
Strategy are supported and it is the officer’s recommendation that Golden Square Pool
be permanently closed upon the opening of the new Gurri Wanyarra Wellbeing Centre
and Council continue to modernise aquatic facilities to respond to market needs.

If Council resolves to permanently close and decommission the Golden Square

Swimming Pool, repurposing of the site will be necessary. Where other communities
have been aware of what the future use of or replacement facility would be, the Golden
Square community have not yet been engaged to determine how the site could be used
and what may be developed for the benefit of the community.

During consultation undertaken to-date, there have been concerns raised that future use
of the site is pre-determined. It is a recommendation of this report that community
engagement be undertaken as part of a master planning process for the entire reserve to
transparently determine the best future use of the site for the community.

Council currently provides a $50,000 annual grant to Golden Square Pool Inc to operate
the swimming pool. Given the over provision of aquatic facilities if the pool closes and is
decommissioned, Council would be in a position to consider how these funds are utilised
for other health and wellbeing initiatives within the area.

While Council is being advised to close Golden Square Swimming Pool due to an over
provision of aquatic services and need to modernise the service, Council should also
strongly consider the non-aquatic service that community facilities provide which would
be reduced and are difficult to quantify. This includes:
 Community connectedness which is achieved through management and
community gathering;
 Social cohesion which is enhanced by sharing of a public asset/service;

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 Community engagement which is achieved with volunteer management within a

local community;
 Community pride achieved in delivering a good quality service by the community
for the community; and
 Community capacity building by taking on a service without reliance solely on
government to provide and working through the complexities of providing the
service to an accepted community standard.

Priority/Importance:

Council’s current resolution is that the Golden Square Swimming Pool will be
permanently closed upon the commissioning of the new Gurri Wanyarra Wellbeing
Centre mid/late 2018. The Golden Square Pool Inc lease of the site expires March 2018.
For planning and administrative purposes a Council decision on this matter is sought
early 2018.

Council has funded a Master Plan for the Golden Square Recreation Reserve which will
commence early 2018. To enable strong community engagement and long term planning
for the site, a decision regarding the future of the swimming pool site would enable a
clear master plan to be developed.

Options/Alternatives:

Council has a number of options/alternatives to consider at this site. These include the
closure or continuation of the Golden Square Pool and the financial contribution granted
to the operators.

Closure/Tenure: Council could continue operations for a period of time in order to

ascertain the attendance level and interest in Golden Square Pool following the opening
of Gurri Wanyarra Wellbeing Centre. For example, a two year lease (expiring 30 June
2020 would allow Council to consider usage trends in the period following opening of the
new Centre.

Financial: In the event that the facility remains open, Council also has a number of
options regarding the level of financial support provided to the facility:

1. Continue under the current financial arrangements;

2. Remove the $50,000 annual grant provided for the service;
3. Reduce the annual operating grant to be the same as other community managed
swimming pools operating over summer but in lieu undertake maintenance at this
site commensurate with other pools noting the financial risk associated with this
option;
4. Retain the status quo $50,000 operating grant and assume maintenance
responsibility for the assets at the site.

If Council decides to take maintenance responsibility for the site, additional operational
funding would be necessary.

To ensure the benefits of this facility are realised, if Golden Square Pool remains open
Council may wish to consider adding provisions that the pool will only remain open if:
 2017/18 attendance levels are sustained;

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Wellbeing and Fairness - Reports Ordinary Meeting - 21 February 2018

 The facility continues to be managed by volunteers; and

 All plant and other infrastructure repairs/replacements are funded by Golden
Square Pool Inc.

In the event that the operators are unable to meet these conditions, the facility would
close.

Timelines:

The current resolution will see the Golden Square Pool cease operation in March 2018
as the Gurri Wanyarra Wellbeing Centre will open during the ‘off season’.

If a further lease is to be provided to Golden Square Pool Inc. an administrative process

will need sufficient time to execute new or renewed lease arrangements.

Progress:

Council has a current resolution to close the facility upon the opening of the new Gurri
Wanyarra Wellbeing Centre. Golden Square Pool Inc. are aware of these timelines and
have requested reconsideration.

Risk Analysis:

Service
As with all aging infrastructure, unplanned maintenance and breakdowns will increase as
the asset deteriorates. Council is not currently responsible for maintenance. In the event
of a major plant breakdown it would be beyond the ability of Golden Square Pool Inc to
fund rectification and either the service could cease to operate or Council would have to
provide additional financial support.

The funding available for swimming pool renewal and maintenance is currently spread
across many sites and is generally over spent due to unplanned breakdowns. If Council
resolves to undertake maintenance at Golden Square Swimming Pool as per one option
outlined in this report, the ability to renew and maintain other sites will be significantly
reduced.

Environmental
Golden Square Pool was built to the broad and undefined standards expected in the era
when it was constructed. This standard is no longer acceptable and if the asset is
retained long term, consideration should be given to upgrading some components over
time. Without clear direction as to the long term future, it is difficult for Council officers or
Golden Square Pool Inc. to take a long term planning approach.

Work Health & Safety

Golden Square Pool Inc operate the pool in accordance with the Guidelines for Safe Pool
Operations and relevant Worksafe guides. The infrastructure at the site makes
compliance with these guidelines more difficult for the operators who use additional
safety equipment rather than removing the risks. This is particularly evident in the area of
chemical handling and delivery.

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Wellbeing and Fairness - Reports Ordinary Meeting - 21 February 2018

Consultation/Communication

Extensive community consultation and engagement occurred in the development of the

Aquatic Facilities Strategy which included focus groups, stakeholder engagement,
industry review and direct community consultation. Details of this can be found in the
previous Council reports.

During the process of considering early closure of Golden Square Pool in 2012,
community consultation was not broadly undertaken. This was partly due to the
contractor management model at the site and also due to the timeliness required for a
decision and lack of financial resources available at the time.

While the pool was scheduled to close upon the opening of a new facility at Kangaroo
Flat, the early closure was not considered acceptable by interested community members
and as a result a campaign to reopen the facility was undertaken and successful.

Internal Consultation:

The City of Greater Bendigo undertakes independent water testing at all public swimming
pools on a regular basis. During the period of management by Golden Square Pool Inc.
the facility’s biological water testing results have been within the acceptable range.

The City currently invests in the order of $350,000-$500,000 annually in renewal of

swimming pools excluding Golden Square Swimming Pool. Due to the age and condition
of aquatic facilities this amount is regularly overspent and officers request additional
funding from Council as part of the mid-year budget review. This amount is to replace
plant and equipment and not for any improvement works. If the City is to retain Golden
Square Swimming Pool, an additional renewal budget allocation is recommended.

External Consultation:

Staff have met with Golden Square Swimming Pool Inc on a number of occasions to
discuss their desire to continue operating. The Committee is aware of the
recommendation of this report but believe the health and wellbeing benefits of the site is
greater than the financial cost of providing the service. It is their desire that Council
strongly consider these benefits in making the decision and acknowledge their strong
administrative and attendance performance. This includes their work to repair and
operate the facility, the significant increase in attendance data, community events held
and learn to swim classes offered.

Resource Implications

Council currently provides an annual grant of $50,000 to Golden Square Pool Inc to
subsidise operation of the site. Council does not undertake maintenance at the facility.

If the facility was to remain open, Council may wish to reconsider the financial allocation
associated with Golden Square Pool. Options include:

i. Applying equal resources to the maintenance and operation of Golden Square

Swimming Pool. This would involve Council reducing the operating grant provided

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to the pool and assuming responsibility for plant and equipment maintenance and
renewal. A substantial maintenance budget increase would be necessary.

ii. Council contribute no funding toward the Golden Square Pool in recognition that
the facility is beyond the service level need.

iii. Undertake a detailed condition audit and renewal plan for all outdoor seasonal
swimming pools to ascertain priority work to be undertaken and the associated
costs.

If the facility is decommissioned, removal of all equipment for reuse and returning the site
to a clean state would cost in the order of $80,000. Further investment at the site for
other community purposes would also be anticipated in the future.

Budget Allocation in the Current Financial Year:

An annual grant of $50,000 is provided to Golden Square Pool Inc.

Previous Council Support:

Since reopening in 2013 Council has provided $250,000 ($50,000 per annum) to
subsidise operation of Golden Square Swimming Pool.

Council also reinstated the filtration system, replaced the filtration sand, replaced the
chlorine and acid dosing pumps and purchased a pool vacuum prior to the pool
reopening. The cost of this reinstatement work was in the order of $50,000.

External Funding Sources:

Golden Square Pool charge entry fees and raise funds from a modest kiosk and have
attracted some sponsors who donate funds, labour or materials.

It should be noted that Council provides a $50,000 operational subsidy to Golden Square
Swimming Pool, however the facility charges lower entry fees than comparable facilities
managed by the City (e.g. Adult Day ticket is $4.50 as opposed to $5.40). This potentially
disadvantages the income generating ability of other facilities.

Attachments

Nil

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Strengthening the Economy/Environmental Sustainability Ordinary Meeting - 21 February 2018

4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 21 February 2018

6. EMBRACING OUR CULTURE AND HERITAGE

6.1 STRATEGIC REPORT ON GREATER BENDIGO'S HISTORICAL

ARTEFACTS

Document Information

Author Dannielle Orr, Heritage Planner, Regional Sustainable Development

Responsible Bernie O'Sullivan, Director Strategy and Growth

Director

Purpose

The purpose of this Report is to make the Strategic Report on Greater Bendigo’s
Historical Artefacts (Strategic Artefacts Report) available for Council consideration and
direction.

Summary

In 2016, the Bendigo Historical Society (BHS) made a budget submission for the City to
‘future proof’ the conservation, storage and public access of its historical artefacts. In
response, Council allocated $15,000 in 2016/17 for a ‘strategic report to consider the
long term sustainability of Bendigo’s historical artefacts and conservation of the BHS
collection’. Dr Megan Cardamone (PhD, Cultural Heritage Management) was appointed
in early 2017
.
In order to broadly understand the issue, five core Greater Bendigo community groups
that collect local history were surveyed. Of these five groups, three were then selected to
have a case study on them, to further explore issues that may be common to the wider
collecting community:
 Bendigo Historical Society (survey and case study);
 Eaglehawk Heritage Society (survey only);
 Elmore Progress Association (survey only);
 Heathcote McIvor Historical Society (survey and case study); and
 Huntly and Districts’ Historical Society (survey and case study).

This work was finalised in the Strategic Artefacts Report (223 pages) in September 2017.

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The findings of the Strategic Artefacts Report are that five core Greater Bendigo
community groups care for around 45,000 local heritage items on behalf of the Greater
Bendigo community. Around 5,300 of these are objects and artefacts ranging from
artworks and textiles to domestic items, hardware, agricultural equipment and even
firearms. This volume of material is more than what a major regional museum would hold
and yet it is being cared for by only 47 volunteers. Approximately half of these 47
volunteers serve their collecting group by taking up a role of legal responsibility and
leadership. This can mean that these volunteers are doing double duty in both an
executive position and as a society member, and there may be no extra volunteers to
undertake the day to day work of managing a collection.

These volunteer groups perform a highly valuable service to the Greater Bendigo
community preserving their history, stories and tangible heritage; wherever possible the
hard work and dedication of these volunteer groups should be publicly acknowledged.

Shrinking member and volunteer numbers make some of these groups extremely
vulnerable. Until a more sustainable long term solution is implemented, all attempts
should be made to support the viability of these groups to continue to care for these
collections.

It is important to plan now for the possibility that a number of these groups will not be
viable in the near future. Each group already receives support from Council, mainly
through the provision of premises, maintenance services and access to professional
advice and support primarily from two key City staff members. These forms of support
are appreciated by the groups, but as the size of their collections grow and their viability
is in question, it is becoming more likely that Council will need to take on some
responsibility for the care of these local heritage collections.

The Strategic Artefacts Report made the following four key recommendations:
1. Establish and staff an object storage and preservation facility
2. Support viability of the groups
3. Engage in contingency planning
4. Commission a museum feasibility study

RECOMMENDATION

That the Greater Bendigo City Council resolve:

1. To acknowledge receipt of the Strategic Artefacts Report and release it for community
comment for a period 4 weeks from 22 February to 22 March 2018.
2. That City officers investigate and provide advice to Council on the four key
recommendations of the Strategic Artefacts Report and the results of the community
consultation process.

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

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 21 February 2018

Policy Context

Community Plan Reference:

Goal 6 Embracing our culture and heritage

Objective 1 Celebrate our unique heritage
Goal 1 Lead and govern for all
Objective 1 Engage with all communities

Background Information

Strategic background

The Strategic Artefacts Report builds on strategic work that has been undertaken over
the last nearly 30 years investigating issues faced by Bendigo’s heritage collections. This
foundation of strategic work has resulted in a number of highly successful outcomes that
today contribute significantly to the liveability of Greater Bendigo, enhance existing public
assets, and strengthen our connection to and understanding of our history and heritage.

Commencing in 1989, this strategic work includes research undertaken in 1996 by the
Economic Development Unit (CoGB), a report compiled in 2001 by museum expert
Jenny Whitelaw and a study produced in 2005 by SED Consulting. This important focus
and analysis has led to the establishment of the:

 Goldfields Research Centre at the Goldfields Library (Bendigo branch) – a publically

accessible research centre housing a unique local and family history collection
including primary and secondary sources;
 Post Office Gallery – a civic and community social history gallery open to the public
and managed by Bendigo Art Gallery. Through a dynamic program of exhibitions and
events, Post Office Gallery showcases the significant collections held in Greater
Bendigo by large and small organisations, societies and private collectors and
interprets the stories they represent; and
 Bendigo Regional Archive Centre (BRAC) at Nolan Street and reading room at the
Goldfields Library (Bendigo branch) – a records facility built to a national standard by
a unique and award-winning partnership between the Public Records Office of
Victoria, Goldfields Library Corporation and the City of Greater Bendigo.

Other related work that has been carried out is the significance assessment and
collection management strategy for the Bendigo Historical Society collection by heritage
consultant Lauretta Zilles in 2007, funded by a National Library of Australia grant. This
work clearly outlined the immense value of the BHS collection while making several key
recommendations for its overall care and management.

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Collections context

The Strategic Artefacts Report focused on five core Greater Bendigo community groups
that specifically collect the local history and heritage of our area, and that between them
cover the breadth of the municipality. Managed and run by extremely dedicated
volunteers, these community collections face ongoing struggles to afford specialised
conservation expertise, source funding, access or maintain collection storage and record
keeping at best practice standards, succession plan for their collections, and to make
their collections publically accessible. These collections are at a risk of being damaged
or lost and they are extremely vulnerable to change. The collections are volunteer run
with little access to secure funding or specialised industry practices of conservation
management with minimal contingency planning.

These community collections are the focus of the Strategic Artefacts Report, but they are
just a sample of the significant collections held within Greater Bendigo relating directly to
the development and history of our municipality and its people. There are more than 15
publically accessible collecting bodies, including Bendigo Art Gallery, Golden Dragon
Museum and Bendigo Heritage Attractions; more than two closed collections, including
the Catholic Diocese of Sandhurst and the Sandhurst Trustees; and more than 20 other
community groups and volunteer societies whose collections may be in a similarly
vulnerable position to those in this study. Other community groups and societies include
the Northern District School of Nursing Graduates Association, Soldiers Memorial
Institute Military Museum on Pall Mall, and special interest areas such as family history,
horse racing or philately.

City of Greater Bendigo situation

In addition to strategic work undertaken since 1989, internal strategic heritage work has
been undertaken since 2015 to track heritage assets owned / managed by the City. The
majority of these council owned or managed assets are not currently identified on our
two asset management systems, Conquest (City assets) or Vernon (Bendigo Art Gallery
assets), increasing their vulnerability. As with the community collections, many of these
items have significant historic or heritage value to the City and the Greater Bendigo
community.

These issues have been reported to the Services and Assets Management Steering
Committee (SAMSC) and a $15,000 budget has been provided in 2017/18 to properly
audit these assets. Once the auditing is completed in 2018/19, the full extent of the City
of Greater Bendigo situation will be reported back to the SAMSC. Considered together
with the Strategic Artefacts Report, this work will provide significant clarity around the
vulnerability, condition and size of the heritage and historical artefacts owned / managed
by the City and held within the community relating to the history of Greater Bendigo.
Together they provide a solid and informed foundation for future planning for our heritage
collections.

Previous Council Decision(s) Date(s):

29 June 2016 - Council budget allocation of $15,000 for the ‘Strategic Report to consider
the long term sustainability of Bendigo’s historical artefacts and conservation of the BHS
collection’.

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Report

There are four key recommendations from the Strategic Artefacts Report:
1. Establish and staff an object storage and preservation facility
2. Support viability of the groups
3. Engage in contingency planning
4. Commission a museum feasibility study

Recommendation 1: Establish and staff an object storage and preservation facility

The Strategic Artefacts Report identifies that Greater Bendigo urgently needs a storage
facility so objects and artefacts could be preserved, staffed by industry professionals,
and built and managed to national standards. The facility should also have a public
access program, so that members of the public can tour it and staff can engage with and
skill up collecting groups on how to conserve objects, loan them or view them.

The Strategic Artefacts Report identifies that the original proposal for the Nolan Street
facility included an archives centre, now BRAC, and an objects and preservation facility
and recommends completing this original proposal. Partnering with state collecting
institutions such as Museums Victoria would enable the facility and costs to be shared.
This model has been successfully established with BRAC, between the Goldfields
Library Corporation, Public Records of Victoria and the City of Greater Bendigo.

The space available at Nolan Street could provide up to 3,000 cubic metres, of which
approximately one fifth, or 650 cubic metres, could be allocated to BHS for objects and
artefacts. Once the City has a more accurate accounting of its owned / managed
heritage assets in 2018/19, we will have a clearer picture of our space requirements for
storage of objects and artefacts. A substantial amount of space could then be available
for stakeholder partners.

Recommendation 2: Support viability of the groups

Recommendation 2 identifies a number of measures that will immediately assist these

collecting groups. The two large ticket items in this recommendation are:
2a. provide safe customised storage, such as ATCO modular portable units, for BHS
objects and artefacts currently stored on the vacant land at Nolan Street in unsafe
and overcrowded shipping containers;

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 21 February 2018

2b. provide Heathcote McIvor Historical Society with, or assist them to attract funding for,
a large display shed to house their large objects collection.

Other measures in this recommendation include assisting the groups to professionalise

themselves, by helping them attract volunteers, increase their profile, be legally
compliant, train them in museum industry guidelines, track their performance, attract
funding, and save money by bulk purchasing.

Recommendation 3: Engage in contingency planning

Recommendation 3 outlines the steps that are necessary in order for the City to plan for
the future of the heritage objects and artefacts in the City and the community’s hands,
particularly in a worst case scenario. This recommendation proposes the City establish a
‘Greater Bendigo Heritage Collection’ to properly manage its existing heritage assets. A
Collection Policy should be written for this ‘Greater Bendigo Heritage Collection’ to
determine what items will be collected and what will not. Collecting groups in Greater
Bendigo could then be informed of the policy, and if they chose, enter into wind up
agreements so that if the group folds, their collections could be cared for. All groups can
be assisted to help them succession plan for their collections, to establish procedures for
the transfer of their items to the different institutions in Greater Bendigo, such as BRAC,
that will become a recipient for community collections in the future.

Recommendation 4: Commission a museum feasibility study

If the City implements just the first three recommendations, then Greater Bendigo would
be caring for its history and heritage in a professional manner at a national standard for
the collections industry sector.

If however, at some point, the City ever decides to establish a museum, these first three
measures would be required regardless in order to achieve this. Recommendation 4
suggests that if the City implements the first three recommendations it would then be in
the best position to evaluate the feasibility of a Greater Bendigo museum.

Priority/Importance: this is a matter of high priority. The community groups in this study
are extremely vulnerable, due to shrinking member and volunteer numbers.

Options/Alternatives: the options for Council are to receive the Strategic Artefacts Report
and:
1. to commit to, and resource, all / part of the recommendations of the Strategic
Artefacts Report;
2. to release for community consultation to determine a direction;
3. to resource an Implementation Officer to implement the recommendations of the
Strategic Artefacts Report;
4. to take no action; or
5. to position the Strategic Artefacts Report as a matter for collecting groups and not
Council business.

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Risk Analysis: this is a matter of high risk.

There is a considerable risk that one or more of these community groups, or similarly
other collecting groups in Greater Bendigo, may cease to operate at some stage in the
future and that their collections may end up, beyond the group’s control, in an adverse
situation such as loss or destruction, relocated outside of Greater Bendigo, or taken out
of public hands into private ownership. All of these outcomes would result in these local
history and heritage collections being irretrievably lost or inaccessible to the Greater
Bendigo community.

There is a high safety and records risk associated with the current arrangement with
BHS at the BRAC site at Nolan Street. The Strategic Artefacts Report identifies that:

 BHS are storing materials within BRAC that are potentially compromising the
preservation environment and exposing the public records stored there to pests,
mould and other unknown risks.
Action: Refer this matter to the BRAC Operational Committee (actioned).

 BHS is currently using a broken compactus that is unsafe.

Action: assist BHS with fixing or replacing the compactus.

 The storage containers provided to BHS by the City, located on the vacant land at
Nolan Street, are not wired safely.
Action: contract an electrician to fix or install a safe wiring system.

There is also a moderate reputation risk associated with how Council will receive the
Strategic Artefacts Report. The report is extremely thorough, researched and written by a
museums expert and the recommendations are considered, sound and practical. Council
will need to take a constructive and measured response to the Strategic Artefacts
Report; otherwise there is a reputation risk to Council. Alternatively, if Council is seen to
be proactive in the direction it takes from this Strategic Artefacts Report, it will be viewed
favourably in the Greater Bendigo community.

There is low but real physical and financial risk associated with the potential collapse of
these collecting groups. There is currently no City of Greater Bendigo location that could
safely accommodate this material in an emergency and storage may have to be
purchased or rented.

Consultation/Communication

Internal Consultation:

The project was led internally by the Regional Sustainable Development unit with a team
of relevant officers:
 Dannielle Orr, Heritage Planner – Regional Sustainable Development;
 David Straw, Manager – Information Technology; and
 Clare Needham, Curator – City History and Collections, Bendigo Art Gallery.

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The team ensured that the consultant had access to all of the relevant City of Greater
Bendigo officers with the expertise, knowledge or experience in this area. Officers
consulted for this report included:

 Kathryn Mackenzie, formerly Manager – Tourism;

 Michael Smyth, formerly Manager – Information Technology (at the time of the BRAC
development and construction); and
 Lauretta Zilles, Curator – Living Arts Space.

External Consultation:

The external consultation was extensive. All of the relevant office holders of each of the
five core community groups were consulted as part of this study. There was a survey and
site visits to each group and of the five collecting groups, three were chosen to be the
subject of detailed case studies on issues that may be common to the wider collecting
community:
 Bendigo Historical Society (survey and case study);
 Eaglehawk Heritage Society (survey only);
 Elmore Progress Association (survey only);
 Heathcote McIvor Historical Society (survey and case study); and
 Huntly and Districts’ Historical Society (survey and case study).

The survey was set up by the consultant and answers were given confidentially. Site
visits and case studies were all completed by the consultant direct with the community
groups. The City of Greater Bendigo was only involved at the start to introduce the
community groups to the consultant and the project. This enabled the community groups
to air their concerns honestly and participate fully in the project.

External experts and stakeholders with decades of relevant expertise, knowledge and
experience were consulted as part of this project. This included:
 Viv Newton, Manager – BRAC;
 Dr Michele Matthews, Archivist – BRAC;
 Roger Trudgeon, formerly Manager – Gold Museum Ballarat (Sovereign Hill);
 Dr Di Smith, formerly Program Manager, Cultural Heritage – Dja Dja Wurrung Clans
Aboriginal Corporation and now Manager, Loddon Mallee Heritage Programs –
Aboriginal Victoria, but also for her Doctoral work on the significance of agricultural
collections; and
 Lauretta Zilles, in her capacity as consultant for the Bendigo Historical Society
significance assessment, and Curator for Buda Museum, Castlemaine.

The Strategic Artefacts Report was considered at the Greater Bendigo Heritage Advisory
Committee meeting on 15 February 2018 for further comment.

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Resource Implications

There are a number of resource implications from the four recommendations of the
Strategic Artefacts Report, ranging from relatively small budget expenses, for example
for better signage at a group’s location, to medium level budget expenses, for example
for heritage advice and repairs to a group’s location; eg at Specimen Cottage (owned by
Bendigo TAFE); to high level expenses, such as committing to develop and secure
funding for an objects repository that will cost several million dollars to build, and to staff
and resource it once it is complete.

Budget Allocation in the Current Financial Year: $15,000 for an internal audit of the City’s
heritage assets, reporting to the Services and Assets Management Committee
(2017/18).
Previous Council Support: $15,000 for the ‘strategic report to consider the long term
sustainability of Bendigo’s historical artefacts & conservation of the BHS collection’
(2016/17).
Projected costs for future financial years: Potential costs will require further investigation.
Any ongoing recurrent expenditure required: a business case for a continuation of the
internal audit of the City’s heritage assets of $15,000 for 2018/19 has been submitted for
consideration.

Attachments

1. Strategic Report on Greater Bendigo’s Historical Artefacts, September 2017.

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6.2 UPDATE ON DARYL MCCLURE MEMORIAL

Document Information

Author Aaron Lindsay, Coordinator Public Space Design

Responsible Debbie Wood, Acting Director Presentation and Assets

Director

Purpose

The purpose of this report is to seek resolution on a memorial proposal for the late Daryl
McClure.

Summary

In 2016 Council resolved to support in principle the proposal for a memorial for Daryl
McClure subject to:
 Gaining formal approval from the McClure family if it is to proceed;
 Finalising the design and location of the memorial in accordance with the
Rosalind Park Masterplan; and
 Obtaining approval from Heritage Victoria, and support from the Rosalind Park
Advisory Committee and the Greater Bendigo Heritage Advisory Committee.

The current 2017/18 Council Budget includes a project to restore the existing ornamental
fence located adjacent View Street.

This report recommends attributing the restoration of the View Street fence as a
memorial to Daryl McClure through the installation of a 24 x 9cm plaque mounted to the
existing gate pillar, where there is already existing precedence from a previous project
for restoration and acknowledgement.

This proposal would fulfil the goals of both the ‘Rosalind Park Master Plan’ and the
‘Plaque, Memorial and Monument Guidelines’, by enhancing and preserving an existing
asset rather than introducing a new element.

The McClure family have provided written confirmation of their support for the proposal.
However both Advisory Committees do not support the proposal.

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RECOMMENDATION

That, having considered feedback from the McClure family, Rosalind Park Advisory
Committee and the Greater Bendigo Heritage Advisory Committee, Council:

1. Resolve to provide a plaque, on the western pillar of the View Street entrance
gates, to recognise the late Daryl McClure.

2. Advise the McClure family, Rosalind Park Advisory Committee and the Greater
Bendigo Heritage Advisory Committee of the outcome.

3. Obtain approval from Heritage Victoria

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

Policy Context

The ‘Rosalind Park Master Plan’ was an 18 month process that involved over a 1,000
people from the Greater Bendigo community to develop a future plan for our premier
heritage park. The master plan was adopted by Council in December 2014.

The Master Plan recognises that Rosalind Park is integral to the identify, character and
experience of Bendigo and there is imperative for us to protect the park for the future; it
recommends that future works should be guided by a ‘strong preference to build upon
the character created by existing materials and elements, rather than the introduction of
a lot of new elements’.

The City of Greater Bendigo Plaque, Memorial and Monument Guidelines

(https://www.bendigo.vic.gov.au/Services/Heritage/Plaques-Memorials-and-Monuments)
state that applications for personal memorials will be considered if it can be
demonstrated that the deceased individual has ‘significantly contributed to the cultural,
political or social aspects of Greater Bendigo’s development’.

The guidelines further encourage the enhancement and restoration of existing memorials
and landscapes in preference to the commissioning of new constructions. The guidelines
discourage applications that:
 ‘interferes with the purpose of the area or obstructs existing and proposed circulation
and use patterns;’ or,
 ‘adversely affects the heritage significance of the building and place’.

Work has begun on the development of a new Placemaking Policy that is to provide the
City of Greater Bendigo with:
 principles to guide assessment of placemaking requests;
 a consistent approach across the organisation to these requests; and
 a process for handling these activities in the municipality of Greater Bendigo.

The Placemaking Policy will be provided to Council in 2018. Once adopted this policy will
replace the existing ‘Plaque, Memorial and Monument Guidelines’.

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Background Information

Daryl McClure was a member of State Parliament for the seat of Bendigo from 1973-
1982. Mr McClure was also a Bendigo City Councillor from 1969-1970 and 1993-1994,
and a Greater Bendigo Councillor from 1996-2004 serving a term as Mayor from 1999-
2000. Mr McClure passed away in May 2015.

Mr McClure advocated strongly for the heritage value and preservation of existing assets
within Rosalind Park over the past decades, and more recently through his involvement
with the Rosalind Park master planning process.

The McClure family approached the City in 2016 about the creation of a memorial for Mr
McClure to be located in Rosalind Park. An application form in line with City procedures
was lodged by the family but was incomplete and did not include the required information
for the application to be appropriately assessed, namely details of the person’s
contribution to Greater Bendigo, a proposed design and location, and anticipated costs
and source of external funding.

Previous Council Decision(s) Date(s):

A motion that "Council agree in principle to a memorial in Rosalind Park to Daryl McClure
OAM" lapsed for want of a seconder at Council's Ordinary Meeting on 31 August 2016.

At Council's Ordinary Meeting of 12 October 2016, the proposal for a memorial to Mr

McClure was again tabled and on this occasion, Council resolved to support, in principle,
the establishment of a memorial subject to:
 Gaining formal approval from the McClure family if it is to proceed;
 Finalising the design and location of the memorial in accordance with the
Rosalind Park Masterplan; and
 Obtaining approval from Heritage Victoria, and support from the Rosalind Park
Advisory Committee and the Greater Bendigo Heritage Advisory Committee.

An update report on the progress of the recommendations (above) was provided to

Council on 14 August 2017.

A further verbal update was provided at the Council Briefing Meeting on 9 October 2017,
with the outcome that Council officers consider exploring further options and provide a
report back to Councillors.

Report

It is proposed to memorialise Daryl McClure’s contribution to Greater Bendigo through

the installation of a 24 x 9cm plaque mounted to the existing gate pillar (refer Attachment
1).

The McClure family have provided written confirmation of their support for the proposal.
However both Advisory Committees do not support the proposal (refer
Consultation/Communication section of this report).

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Whilst it is acknowledged that both advisory parties do not support this proposal it is still
recommended as the best option for a memorial to Daryl McClure due to the following
reasons:

 The proposal is consistent with the ‘Rosalind Park Master Plan’ which recommends
that future works should be guided by a ‘strong preference to build upon the character
created by existing materials and elements, rather than the introduction of a lot of new
elements’.

 The proposal would fulfil the goals of both the ‘Rosalind Park Master Plan’ and the
‘Plaque, Memorial and Monument Guidelines’, by enhancing and preserving an
existing asset rather than introducing a new element.

 There is already existing precedence on the View Street fence from a previous project
for restoration and acknowledgement.

 The proposal can be delivered quickly in conjunction with the fence restoration works
and accommodated within the existing fence restoration budget.

 Mr McClure was a strong advocate for the preservation of Rosalind Park. This
proposal would support his passion of preservation that he advocated so strongly for.

Priority/Importance:

This is a matter of high importance, as the McClure family have waited for some time for
a resolution to this matter.

Options/Alternatives:

The option of the memorial plaque has been explored the most extensively, as this
option is the best response to the vision and aspirations of the ‘Rosalind Park Master
Plan’ and the ‘Plaques, Memorials, and Monuments Guidelines’. This option involves the
restoration and enhancement of the heritage fabric of the Rosalind Park fence and so it
is likely to be supported by Heritage Victoria.

Timelines:

Restoration works for the View Street ornamental fence are scheduled to commence in
February and be completed by Easter 2018. A Heritage Victoria permit for the memorial
plaque will be required and will take 28 days to obtain. Should Council support the
installation of a memorial plaque it could be installed prior to the anticipated completion
of the restoration works.

Risk Analysis:

There is some reputation risk to the Daryl McClure memorial, as the matter has become
politically sensitive.

There is a low economic risk as the memorial works can be accommodated within the
View Street ornamental fence restoration project budget.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 21 February 2018

Consultation/Communication

McClure Family:

During the finalisation of the 2016/17 Council Budget, the City approached the McClure
family members to seek written approval for the memorial proposal and suggested that
the fence project may be an option for them to consider, pending adoption of the
2017/2018 Budget. Following Council's adoption of the 2017/2018 Council Budget, and
inclusion of the fence project in the Capital Works program for 2017/2018, a further
follow-up letter was sent to family members requesting written confirmation of their
support for the memorial proposal.

Responses were later received from family members and all supported the memorial
proposal as detailed, including the potential to incorporate a plaque as part of the View
Street fence restoration project.

Rosalind Park Advisory Committee (RPAC):

Further to Council's October 2016 resolution, a brief on the resolution was tabled at the
13 October meeting of the Rosalind Park Advisory Committee (RPAC) for the information
of members. More recently, the proposal for a plaque to be incorporated as part of the
View Street Fence restoration works was raised at the 14 July 2017 RPAC meeting
where the Committee was unanimous in its decision to not support the memorial
proposal as the process to incorporate such a memorial had not followed the correct
processes as identified by the City's ‘Plaque, Memorial and Monument Guidelines’.

Greater Bendigo Heritage Advisory Committee (GBHAC):

The matter was brought to the meeting with the Greater Bendigo Heritage Advisory
Committee (GBHAC) held on 31 August 2017. The GBHAC made the following motion,
that was seconded, that ‘the Heritage Advisory Committee acknowledged the
contribution of Daryl McClure to the heritage of Bendigo but:
1. Did not support a memorial to Mr Daryl McClure within Rosalind Park, and;
2. Did not support the installation of a brass memorial plaque for Mr Daryl McClure
as part of the restoration works on the Ornamental Fence on the View Street side
of Rosalind Park.’

Heritage Victoria:

Approval has not yet been obtained from Heritage Victoria. This typically takes 28 days
and will be sought upon Council approval of the memorial proposal.

Resource Implications

The restoration of the View Street ornamental fence and gateway is included in the
2017/2018 Council Budget at a cost of $100,000.

The City of Greater Bendigo applied for external funding through the State Government's
'Living Heritage Grants' funding program however was unsuccessful.

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A quotation has been received for the supply of the brass plaque of $274. An allowance
of $200 has been made for the installation of the plaque for a total approximate project
cost of $500.

There is capacity within the fence restoration budget to fund the memorial plaque.

Attachments

1. Proposed McClure Memorial

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

7. LEAD AND GOVERN FOR ALL

7.1 ADMINISTRATION LOCAL LAW NO 10

Document Information

Author Caroline Grylls, Manager Safe and Healthy Environments

Responsible Vicky Mason, Director Health and Wellbeing

Director

Purpose

The purpose of this report is to seek Council approval to release for public exhibition, the
Draft Greater Bendigo City Council Local Law No. 10 - Administration in accordance with
Section 119 of the Local Government Act 1989.

Summary

Local Laws must be reviewed regularly to ensure they remain relevant and reflect
contemporary expectation of Council. Section 122 of the Local Government Act 1989
determines that all Local Laws sunset after 10 years.

The City’s Environment Local Law No. 3, Municipal Places Local Law No. 5 and the
Streets and Roads Local Law No. 4 have recently been reviewed, resulting in the new
draft Greater Bendigo City Council Community Local Law currently on public exhibition.

The City’s Local Law No. 10 - Administration sunsets in September 2018, and has been
reviewed to ensure that it remains relevant and includes the changes required with the
introduction of the new Greater Bendigo City Council Community Local Law.

As a consequence of the review, the draft Greater Bendigo City Council Local Law No.
10 – Administration (ATTACHMENT A) has only minor amendments to the City’s current
Local Law No. 10 – Administration. The most significant being the updating of Appendix
4 – ‘Penalties for infringement notice purpose in respect of offences against the Local
Laws’.

The internal review panel membership requirements were also updated to reflect position
changes resulting from recent restructures.

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RECOMMENDATION

That the Greater Bendigo City Council resolve:

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.

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

Policy Context

Community Plan Reference:

Goal 1: Lead and govern for all

1.2.3 Document and communicate in a consistent common 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

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Goal 1: Healthy and well

Reduce harm from unhealthy behaviours

 Tobacco

Goal 2: Safe and Secure

Increase community safety

 Decrease crime and antisocial behaviour

Background Information

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.

Local Laws must not be inconsistent with any Commonwealth or State Act or regulation
and must be consistent with the Victorian Charter of Human Rights and Responsibilities.
In some instances where a Local Law comes into effect, some human rights of an
individual may be limited. Such limitations are permitted if; whilst preparing and
interpreting the Local Law; it is considered that the limitation is a fair and just balance of
the rights of the individual with the overall protection of community interest.

The Department of Planning and Community Development have released documents

titled ‘Guidelines for Local Laws Manual’ and ‘Guidelines for Local Laws Resource Book’,
which are intended to assist Councils in Victoria to achieve better practice when
considering, making, implementing, enforcing and reviewing Local Laws. Both of these
publications have been carefully considered when preparing the Greater Bendigo City
Council Community Local Law.

The City has recently undertaken a simultaneous review of the Environment Local Law
No. 3; the Streets and Roads Local Law No. 4 and the Municipal Places Local Law No.
5. This review resulted in the drafting of the new Draft Greater Bendigo Community Local
Law, currently out on public exhibition. Following the review and subsequent
consolidation of Local Laws No. 3, No. 4 and No. 5 into the Draft Community Local Law,
it is the intention to review each Local Law upon their sunset to identify areas where
consolidation may be appropriate.

The City of Greater Bendigo Local Law No. 10 - Administration will automatically revoke
in September 2018. While parts of the Local Law No. 10 have been amended from time
to time, it now requires a full review to ensure that it reflects the changes as a
consequence of the new Greater Bendigo City Council Community Local Law.

Local Government Victoria (LGV) is undertaking a comprehensive review of the Local

Governments Act 1989: the first for 25 years. The City’s Local Law review coincides with
this legislative review. There is a likelihood that the State based review could have
process implications for Local Government’s Local Laws. Until such time that the

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

changes to the Local Government Act 1989 are known, the City’s has at all times
adhered with the current legislative requirements.

Previous Council Decision(s) Date(s):

24 January 2018

That the Greater Bendigo City Council resolve:

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;

(d) that a copy of the proposed Greater Bendigo City Council Community Local Law
can be obtained from the Council offices; and

(e) 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

The objectives of the current City of Greater Bendigo Local Law No. 10 - Administration
are:

(a) to provide procedures for the administration of Local Laws

(b) to provide procedures for the issue of:

(i) permits
(ii) notices to comply
(iii) notices of Impounding
(iv) infringement Notices

(c) to provide procedures for the setting of fees and charges in relation to Local
Laws.

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The City’s Local Law No. 10 sunsets in September 2018. While it has been amended
from time to time, it requires a complete review to ensure that it is relevant and reflects
the changes resulting from the development of the new Greater Bendigo City Council
Community Local Law. This review was undertaken in conjunction with the review of the
City’s Local Law No. 3, 4 and 5.

At its meeting on 24 January 2018, council gave notice of its intention to adopt the Draft
Greater Bendigo City Council Community Local Law and associated reference
documents, and released it for public exhibition in accordance with Section 119 of the
Local Government Act 1989.

The review of Local Law No. 10 - Administration resulted in only minor changes with the
objectives remaining unchanged. The internal review panel membership requirements
were no longer relevant, as the Director Planning and Development position was no
longer in the City’s structure. The three member panel must now consist of one City of
Greater Bendigo Director, a person with legal qualifications and an Authorised Officer.

The most significant change was to the penalties for infringements. Infringements are an
alternative to prosecution for an offence under the Local Law. The value of one penalty
unit is set by State Government. Section 110(2) of the Sentencing Act 1991 has the
following meaning of penalty unit:

If in a local law made under Part 5 of the Local Government Act 1989 there is a
statement of a number (whether whole, decimal or fractional) of what are called
penalty units, that statement must, unless the context otherwise requires, be
construed as stating a number of dollars equal to the product obtained by
multiplying $100 by that number of penalty units.

Infringement penalty units need to be set by Council at an amount that ensures that, as
an alternative to prosecution, they achieve the objectives of the Local Law.

The table below describes the changes to penalty units in the Draft Greater Bendigo City
Council Local Law No. 10 Administration - Appendix 4.

CLAUSE CURRENT PROPOSED

PENALTY PENALTY
Offences Against
Local Law No.2 Keeping of Animals
Clause 9 Keeping of Animals 1 penalty unit 2 penalty units
Clause 10 Limit on number of animals 1 penalty unit 2 penalty units
Clause 11 Keeping of poultry 1 penalty unit 2 penalty units
Clause 12 Fences of properties to restrain animals 1 penalty unit 2 penalty units
Clause 13 Animal litter 1 penalty unit 1.5 penalty units

Offences Against
Greater Bendigo City Council Community Local Law
Part B – Environment
Clause 2.1 Kerbside waste collection 1 penalty unit 2 penalty units
Clause 2.2 Open air burning 2 penalty units No change
Clause 2.3 Burning of offensive materials 2 penalty units No change

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 Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Clause 2.4 Motorised vehicles on council land 2 penalty units No change

Clause 2.5 Dangerous or unsightly land 2 penalty units No change
Clause 2.6 Heavy vehicles 2 penalty units No change
Clause 2.7 European wasps and bees 0.5 penalty unit 1 penalty unit
Clause 2.8 Protection and preservation of scheduled 1 penalty unit 2 penalty units
Council reserves and park land

Part C – Streets & Roads

Clause 3.1 Vehicle crossings 2 penalty units No change
Clause 3.2 Advertising signs placed on roads 2 penalty units No change
Clause 3.3 Sale of motor vehicles or goods on road or 1 penalty unit No change
road reserves
Clause 3.4 Waste skip bins placed on the road or road No current penalty 2 penalty units
reserve
Clause 3.5 Occupancy of footpath or road reserve for No current penalty 2 penalty units
works
Clause 3.6 Third party advertising on footpaths or road No current penalty 2 penalty units
reserves

Part D – Municipal Places

Clause 4.1 Consumption of liquor 2 penalty units No change
Clause 4.2 Designation of smoke-free zones within the No current penalty 2 penalty units
municipality
Clause 4.3 Activities in public places 1 penalty unit 2 penalty units
Clause 4.4 Activities in the Mall 1 penalty unit 2 penalty units
Clause 4.5(a) Outdoor dining and street trading 1 penalty unit No change
Clause 4.6 Camping and caravans 1 penalty unit No change
Clause 4.7 Behaviour 2 penalty units No change

Offences Against
Local Law No. 8 Process of Municipal Government
Clause 9 Use of common seal 2 penalty units No change
Clause 31 Petitions (whole of Clause) 1 penalty unit No change
Clause 32 Maintenance of order (whole of Clause) 1 penalty unit No change
Clause 34(b) Removal from chambers 1 penalty unit No change
Clause 34(c) Removal from chambers 1.5 penalty unit No change

Offences Against
Local Law No.9 Bendigo Livestock Exchange
Clause 12 Use of Bendigo livestock exchange 2 penalty units No change
Clause 14 Sales before and after opening or closing of 2 penalty units No change
market or on non-sale days
Clause 17 Pre-sale procedure 2 penalty units No change
Clause 18(b) Allocations 2 penalty units No change
Clause 19 Penning of Stock 2 penalty units No change
Clause 20(a) Stock not connected with sale 1 penalty units No change
Clause 22 Agents 2 penalty units No change
Clause 23 Behaviour 1 penalty units No change
Clause 24(b) Exclusion from Bendigo livestock exchange 2 penalty units No change
Clause Dogs 1 penalty unit No change
25(a)(b)(c)
Clause 26(b) Removing the stock 1 penalty units No change

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Clause 27 Moving Stock 1 penalty units No change

Clause 28(b), Vehicles 1 penalty units No change
(c)
Clause 29 Dead/Injured stock 2 penalty units No change
Clause 30 Obstruction 2.5 penalty units No change
Clause 33 Selling of sundry items 2.5 penalty units No change
Clause 36 Allotted time for selling 1 penalty unit No change

Offences Against
Local Law No. 10 Administration
Clause 24 Offences 2 penalty units No change
Clause 17 Compliance with directions 2 penalty units No change
Clause 21 Failure to Adhere to Notice to Comply 2 penalty units No change
Clause 23 Power of Authorised Officer to Impound 2 penalty units No change

Offences Against
Local Law No. 11 Protection of Public Assets & Control of Building Sites
Clause 21 Infringement Notices – Penalty Fixed 2 penalty units No change

Priority/Importance:

The Local Law review is a high priority piece of work to ensure that the new Greater
Bendigo City Council Local Law No. 10 Administration is adopted, advertised in the
Government Gazette and sent to the Minister prior to its automatic revocation in
September 2018.

Timelines:

Action Date
Exhibit Draft Administration Local Law March, 2018
Councillor Review Committee meetings to consider April, 2018
submissions
Formal Council meeting to adopt final Draft Greater Bendigo June, 2018
City Council Local Law No. 10 - Administration No. 10
Notice in Government Gazette and Public Notice July, 2018
Copy of the Greater Bendigo Local Law to Minister July, 2018
City of Greater Bendigo Local Law No. 10 Administration September, 2018
automatically revoked

Progress:

The review of the City’s Local Law No. 10 is progressing well and will be complete prior
to the automatic revocation in September 2018.

Risk Analysis:

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With the concurrent review of the City’s Local Laws No. 3, 4, 5 and 10, and Local
Government Victoria’s review of the Local Government Act 1989 (the Act), it is critical
that the City’s review proceeds in the knowledge that changes to the Local Law
provisions of the Act could impact on the City’s review processes. To manage this risk, it
is critical that the City remains abreast of any proposed changes to the Act, and the
timelines for implementation.

Consultation/Communication

Local Laws cannot be created without undertaking an extensive consultation process.

Section 119 of the Local Government Act 1989, requires that:

(1) Before Council makes a local law, it must comply with the following procedure.

(2) The Council must give a notice in the Government Gazette and a public notice
stating-

(a) The purpose and general purport of the Local Law; and
(b) That a copy of the proposed local law and any explanatory document can
be obtained from the Council office; and
(c) That any person affected by the proposed local law may make a
submission relating to the proposed local law under section 223 (of the
Act).

(2A) The Council must ensure that-

(a) A copy of the proposed local law; and

(b) An explanatory document setting out prescribed details in relation to the
local law-

is available for inspection at and obtainable from, the Council office during
ordinary business hours.

There has been extensive consultation undertaken in the development of Greater

Bendigo City Council Community Local Law. The changes proposed in the Greater
Bendigo City Council Local Law No. 10 – Administration, reflect the changes made, as a
result of that consultation.

Internal Consultation:

An internal Project Control Group (PCG) as 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 Open Space, the City’s Legal Officer, Local
Laws Officers, CBD Activation Officer and representatives from Engineering, Regional
Sustainable Development and Business Transformation.

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Consultation included:

 A Councillor workshop to identify any emerging issues raised by the community,

and Councillors' observations relevant to the Local Law review.
 Extensive consultation with internal sub-groups to workshop any ongoing issue
that might be relevant to the Local Law review.
 Multiple sub-groups established to discuss the relevance, enforcement history and
ongoing requirements for each clause of the existing Local Law Nos. 3, 4 and 5
that related to each units services.

External Consultation:

The development of the Greater Bendigo City Council Community Local Law has
considered a wide range of community inputs including:

 An extensive review of the City’s customer request history to date relating to all
clauses of the Local Laws Nos.3, 4 and 5 to determine the number of customer
request and enforcement history for each clause.
 An extensive review of the data collected for previous community consultation,
specifically the data collected during the development of the City’s Municipal
Public Health and Wellbeing Plan, to identify emerging issues relevant to the
Local Law review.
 A review of the issues identified in the Citizens Jury, and the issues relevance to
the Local Law review.
 Extensive consultation with Victoria Police to determine the relevance of each
clause of the Local Laws under review.
 Consultation with the Emergency Management Working group relevant Fire
Authorities

Exhibiting the Draft Greater Bendigo City Council Local Law No. 10 - Administration is
the legislated way to undertake formal external consultation. A communication and
media strategy will support the release of the Draft Greater Bendigo City Council Local
Law No. 10 - Administration for consultation, in addition to the methods of exhibition
prescribed in the Local Government Act 1989.

Resource Implications

The review has been completed with internal staff resources. Additional costs of
approximately $1,000 are associated with the public notice and formal exhibition
process.

Budget Allocation in the Current Financial Year:

There is no additional budget allocation in the financial year.

Attachments

A. Draft Greater Bendigo City Council Local Law No. 10 - Administration.

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DRAFT Greater Bendigo City Council

Local Law No. 10 - Administration

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TABLE OF CONTENTS
Greater Bendigo City Council Local Law No. 10 - Administration

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

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Greater Bendigo City Council Local Law No. 10 - Administration

1. Title

This is the City of Greater Bendigo Local Law No. 10 - Administration.

2. Objectives of this Local Law

The objectives of this Local Law are:

(a) to provide procedures for the administration of Local Laws.

(b) to provide procedures for the issue of:
i) Permits
ii) Notices to Comply
iii) Notices of Impounding
iv) Infringement Notices
(c) to provide procedures for the setting of fees and charges in relation to Local
Laws.

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 (INSERT DATE).

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;

i) The exemption is in writing, with specified conditions

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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.

(d) 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.

12. Issue of Permits

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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

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restoration of any damage caused to the place or thing by the

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

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

remedied.

(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.
(b) If an Authorised Officer has impounded an item in accordance with this clause

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

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

(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

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

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.

PENALTY: First Offence – Two penalty units

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.

PENALTY: First Offence – Two penalty units

Second or subsequent offence – Four penalty units

(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.

PENALTY: First Offence – Two penalty units

Second or subsequent offence – Four penalty units

(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).

PENALTY: First Offence – Two penalty units

Second or subsequent offence – Four penalty units

(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.

PENALTY: First Offence – Two penalty units

Second or subsequent offence – Four penalty units

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

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

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

(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.

(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.

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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.

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

CITY OF GREATER BEN DIGO

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)

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

CITY OF GREATER BENDIGO

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,
3550
* 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)

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

CITY OF GREATER BENDIGO

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

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

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

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

CITY OF GREATER BENDIGO

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 ____________________________________

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

CITY OF GREATER BENDIGO

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.

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

CITY OF GREATER BENDIGO

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 ______________________

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

7.2 RECORD OF ASSEMBLIES

Document Information

Author Jessica Clarke-Hong, Manager Governance

Responsible Kerryn Ellis, Director Corporate Performance

Director

Purpose

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

RECOMMENDATION

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

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

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:

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

Background Information

A meeting will be an assembly of Councillors if it considers matters that are likely to be

the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:

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

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

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Report

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 15 January 2018
Matters discussed 1. Planning matters and draft Ordinary Agenda review
2. Plan Greater Bendigo
3. Local Law Draft
4. Public Toilet Strategy
5. Reducing Harm from Gambling
6. Bullock Street
7. Queen's Baton Relay

Attendees/Apologies
Councillors Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apology:
Cr Margaret O'Rourke
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Mr Bernie O'Sullivan
Ms Debbie Wood
Mr David Straw
Mrs Jessica Clarke-Hong
Mr Peter Hargreaves
Apology:
Ms Kerryn Ellis

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 22 January 2018
Matters discussed 1. Axedale and Maiden Gully Community Plans presentation
2. Review of community engagement
3. Epsom Primary School Red Brick Building - options
discussion
4. Goldfields Library
5. Airport Operations update
6. Golden Square Swimming Pool
7. Planning matters

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr Matt Emond
Cr Julie Hoskin
Staff/ Mr Craig Niemann
Community Ms Kerryn Ellis
Representatives Mr Steven Abbott
Mr Craig Lloyd
Mr Bernie O'Sullivan
Mrs Jessica Clarke-Hong
Mr Peter Hargreaves
Apology:
Ms Vicky Mason

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 9 November 2017
Matters discussed Planning application DSD/123/2017
29 Towers Street, FLORA HILL 3550
4 Lot subdivision and construction of 4 dwellings

Attendees/Apologies
Councillors Cr Yvonne Wrigglesworth
Cr George Flack
Staff/ Adele Hayes
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 28 November 2017
Matters discussed Planning application DSD/475/2017
50 Mill Street, STRATHDALE 3550
5 Lot subdivision and development of 5 dwellings

Attendees/Apologies
Councillors Cr Yvonne Wrigglesworth
Staff/ Grace Paisley
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 4 December 2017
Matters discussed Planning application DS/628/2017
48 Marnie Road and 2 Ironbark Court, KENNINGTON 3550
2 lot subdivision (boundary realignment)

Attendees/Apologies
Councillors Cr Yvonne Wrigglesworth
Cr George Flack
Cr Margaret O’Rourke
Staff/ Liz Commadeur
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 5 December 2017
Matters discussed Planning application DSD/533/2017
14 Old Violet Street, BENDIGO 3550
Demolition of existing dwelling and outbuilding, 2 lot
subdivision and construction of 2 dwellings

Attendees/Apologies
Councillors Cr James Williams
Cr Andrea Metcalf
Cr Julie Hoskin
Staff/ Chris Duckett
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 7 December 2017
Matters discussed Planning application DS/337/2017
29 Emu Creek Road, STRATHFIELDSAYE 3551
Approval of Development Plan (Schedule 26); 119 Lot
subdivision (staged); removal of native vegetation and
removal of easement

Attendees/Apologies
Councillors Cr Yvonne Wrigglesworth (Apology)
Cr George Flack (Apology)
Cr Margaret O’Rourke (Apology)
Staff/ Peter O'Brien
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 12 December 2017
Matters discussed Planning application DR/775/2016
17 Eldridge Court, KANGAROO FLAT, 3555
Subdivision of land (staged) and development of land with 18
dwellings

Attendees/Apologies
Councillors Cr Matt Emond (Apology)
Cr Rod Fyffe (Apology)
Cr Jennifer Alden
Staff/ Peter O'Brien
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 14 December 2017
Matters discussed Planning application DU/352/2017
6 Eddington Street, AXEDALE, 3551
Use of land for restricted recreation facility and construction of
car park

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Staff/ Grace Paisley
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 20 December 2017
Matters discussed Planning application DU/222/2017
729 Edwards Road, MARONG, 3515
Use of land for motor repairs and a vehicle store

Attendees/Apologies
Councillors Cr Matt Emond
Cr Jennifer Alden
Staff/ Chris Duckett
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 10 January 2018
Matters discussed Planning application DS/691/2017
81 Maple Street, GOLDEN SQUARE 3555
Nine lot staged subdivision

Attendees/Apologies
Councillors Cr Jennifer Alden
Staff/ Liz Commadeur
Community Applicant
Representatives Objectors

Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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 Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

7.3 CONTRACTS AWARDED UNDER DELEGATION

Document Information

Author Lee Taig, Contract Support Administrator, Governance Unit

Responsible Kerryn Ellis, 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.

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021

Goal 1: Lead and govern for all

Objective: 1.2 Be innovative and financially responsible

Report

Value Delegated
Contract No Project Successful Contractor Date Signed
(GST Excl) Officer

Capital Contracts

Creative Industries 13
Creative Thinking - Positive Bridgette
CT000357 Strategy Project $34,900.00 November
Solutions Pty Ltd Maplestone
Scoping Workshops 2017
30
Asphalt Works on Craig
CT000352 Boral Resources Vic Pty Ltd $1,351,018.36 November
Various Roads Niemann
2017

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 Lead and Govern For All - Reports Ordinary Meeting - 21 February 2018

Service Contracts

 Construction
Provision of
Sciences Pty Ltd
Geotechnical and Schedule of Acting Director 21 November
Geotechnical Testing
Material Testing Rates Debbie Wood 2017
CT000346 Services
Services
 Ground Science Pty Ltd
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$100,000.00
Injury / Illness Schedule of 28 November
P2 Group Pty Ltd Kerryn Ellis
Management Rates 2017
CT000343
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$100,000.00
 Vorm Traffic
Traffic Management Management Pty Ltd Schedule of Craig 13 December
Services  Traffic Australia Pty Rates Niemann 2017
CT000355 Ltd
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$850,000.00

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 Ordinary Meeting - 21 February 2018

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

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

RECOMMENDATION

That Council close the meeting to members of the public pursuant to Section 89(2)(d)
and (f) of the Local Government Act 1989 to consider a report relating to a legal and
contractual matter.

PAGE 147