minutes ordinary meeting of council · 2020-01-14 · terrific types of events showcase the range...

MINUTES

Ordinary Meeting of Council

6.00pm Wednesday 15 November 2017

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

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday13 December 2017

Bendigo Town Hall

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

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

http://www.bendigo.vic.gov.au/

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 wold'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

ORDINARY MEETING WEDNESDAY 15 NOVEMBER 2017

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 6

RESUMPTION OF STANDING ORDERS 6

CR EMOND'S REPORT 7

DECLARATIONS OF CONFLICT OF INTEREST 8

CONFIRMATION OF MINUTES 9

1. PETITIONS AND JOINT LETTERS 10

1.1 RESPONSE TO PETITION PARKING GIRTON COLLEGE

AND SACRED HEART CATHEDRAL PRECINCTS

10

1.2 PETITION: TRAFFIC SAFETY ISSUE AT INTERSECTION

OF GLADEVILLE DRIVE AND HOWARD STREET,

EAGLEHAWK

14

2. PRESENTATION AND MANAGING GROWTH 16

2.1 PLANNING SCHEME AMENDMENT C220 &

DEVELOPMENT PLAN DP/80/2016 - LANSELL CREST,

CONSIDER PANEL AND ADVISORY COMMITTEE

REPORT, ADOPTION OF AMENDMENT C220, AND

APPROVAL OF DEVELOPMENT PLAN DP/80/2016.

16

2.2 PLANNING SCHEME AMENDMENT C223 - WHITE HILLS

AND EAST BENDIGO HERITAGE STUDY, STAGE 2

CONSIDER PANEL REPORT AND ADOPTION OF

AMENDMENT

32

2.3 PLANNING SCHEME AMENDMENT C221 - BENDIGO

URBAN FLOOD STUDY - CONSIDER PANEL REPORT AND

ADOPTION OF AMENDMENT

45

2.4 46-50 & 54-56 HIGH STREET, 65 SHORT STREET AND 80

WATTLE STREET, BENDIGO - ASPIRE PRECINCT

61

2.5 BENDIGO FREIGHT STUDY 86

3. WELLBEING AND FAIRNESS 101

3.1 BENDIGO CLUB GAMING APPLICATION 101

4. STRENGTHENING THE ECONOMY 106

5. ENVIRONMENTAL SUSTAINABILITY 106

6. EMBRACING OUR CULTURE AND HERITAGE 107

6.1 2018 DUDLEY HOUSE COMMUNITY HIRE SUBSIDY AND

PERFORMANCE SUBSIDY - ROUND 1 OF 2

107

6.2 FUNDING AND MANAGEMENT AGREEMENT FOR

BENDIGO HERITAGE ATTRACTIONS

112

7. LEAD AND GOVERN FOR ALL 115

7.1 COUNCIL MEETING DATES 2017/2018 MAYORAL TERM 115

7.2 COUNCIL AND COMMUNITY COMMITTEES FOR 2017/2018 117

7.3 APPOINTMENT OF INDEPENDENT MEMBER OF THE

AUDIT COMMITTEE

120

7.4 RECORD OF ASSEMBLIES 122

7.5 CONTRACTS AWARDED UNDER DELEGATION 128

8. URGENT BUSINESS 130

9. NOTICES OF MOTION 130

10. COUNCILLORS' REPORTS 130

11. MAYOR'S REPORT 132

12. CHIEF EXECUTIVE OFFICER'S REPORT 134

13. CONFIDENTIAL (SECTION 89) REPORTS 135

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

the Local Government Act relating to a contractual matter

135

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 15 November 2017

PAGE 5

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

Cr Margaret O'Rourke Cr Jennifer Alden Cr Matt Emond Cr George Flack Cr Rod Fyffe Cr Julie Hoskin Cr Andrea Metcalf Cr Yvonne Wrigglesworth Cr James Williams Mr Craig Niemann (Chief Executive Officer) Ms Kerryn Ellis (Director, Corporate Performance) Mr Craig Lloyd (Director, Presentation and Assets) Mr Bernie O'Sullivan (Director, Strategy and Growth) Ms Vicky Mason (Director, Health and Wellbeing) Ms Jessica Clarke-Hong (Manager, Governance)

APOLOGIES

Nil

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time. RESOLUTION Moved Cr Flack, seconded Cr Fyffe. That Standing Orders be suspended to allow the conduct of Public Question Time.

CARRIED COMMUNITY SECTION - CR MARGARET O’ROURKE It is unfortunate that Phoenix FM is unable to broadcast the meeting due to some technical difficulties, but I would like to congratulate Phoenix on receiving an award from the 2017 Community Broadcasting Association of Australia - Best New Program - Music (World Music Safari - Sounds From Other Lands) - congratulations to them on receiving this acknowledgement.


PAGE 6

Also would like to acknowledge the receipt of a number of sporting memorabilia following the conduct of a number of high profile sporting events held in Bendigo:

- Rugby 7’s – rugby balls - Thrilled to welcome the Rugby 7’s; a great tournament to prepare them for the

world series tournaments in Dubai this month and also a stepping stone to prepare for Commonwealth Games.

- Hockeyroos and Kookaburras Hockey Teams

Both teams and entourage advised that our facilities were extraordinary. Bendigo happy to have women's' teams, volleyball, netball and tennis. The Mayor was also very pleased to welcome representatives from the Epsom Primary School who presented a petition requesting a school crossing supervisor be employed for the crossing in the vicinity of the school. The petition will be listed at the next Council Meeting with an update on progress. Cr Metcalf thanked the school and asked her fellow Councillors to consider in 2018, having a Junior Council, twice a year with primary school children across all schools, as decisions made will impact on them; this is an opportunity for us, as Councillors, to take the first part of our Community Plan in engaging with all communities to a whole new level by listening to and working with our primary school children.

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed. RESOLUTION Moved Cr Fyffe, seconded Cr Flack. That Standing Orders be resumed.

CARRIED


PAGE 7

CR EMOND'S REPORT

Cr Emond reflected over some key events over past few weeks: Honour to be in attendance on Remembrance Day at the Soldiers Memorial in Kangaroo Flat; it was fantastic to see students from Kangaroo Flat Primary School – wonderful reminder to reflect on service and sacrifice.; also all the peace keeping and fighting to democratic rights in Australia. It was an honour to represent the Mayor at the ‘Shearing Dinner’ as part of the Bendigo Agricultural Show (which was terrific as it was right next door to the ‘wood chop’). These terrific types of events showcase the range of lifestyle choice and I would like to congratulate the Show Society on a terrific couple of days for this year’s Show and there also may be an opportunity that we can ‘nab’ the world shearing championships. Also like to acknowledge the time spent on the various community committees, highlighting the Bendigo Manufacturing Committee and the amazing work of Jeff Bothe who will be retiring soon and would like to commend his exception job and genuine commitment to his role. We have seen amazing growth at Hofmanns, Moira Macks and Hazeldenes. The commitment of Dannielle Orr with the Bendigo Heritage Advisory is also to be commended. Also terrific to work alongside Cr Fyffe, who is a lover of ceramics. Bendigo has undergone a cultural renaissance! Lots of creative industries are looking at Bendigo to establish – these are the jobs of the future. Congratulations also extended to Cr O’Rourke on her reappointment as Mayor and to Cr Alden in her role as Deputy Mayor.


PAGE 8

DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the minutes; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest. Cr O’Rourke declared a conflict of interest (direct financial interest) in the Presentation and Managing Growth Report No. 2.4 (46-50 & 54-56 High Street, 65 Short Street and 80 Wattle Street, Bendigo- Aspire Precinct) as she is the Executive Director on the Aspire Cultural and Charitable Foundation.


PAGE 9

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 18 October 2017. The following items were considered at the Ordinary Council meeting held on Wednesday 18 October 2017 at 6:00pm.

City of Greater Bendigo Annual Report 2016/2017

Response to Petition: Provision of More Off Street Parking at White Hills Shops

Response to Petition: Goynes Road, Epsom

9 Pratts Park Road, Strathdale - 15 Lot Subdivision, Construction of a Dwelling on Each Lot and Removal of Native Vegetation

Plan Greater Bendigo

Draft Public Toilet Strategy

Naming of New Pool at Kangaroo Flat

Community Grants Round 1 2017/2018

Municipal Public Health and Wellbeing Plan

Audit Committee Chairperson's Report 2016/2017

Bendigo Stadium Limited Annual Report 2016/2017

Record of Assemblies

Contracts Awarded Under Delegation

Section 89 Confidential Reports (Contractual Matters) 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 18 October, 2017, as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Flack, seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

Petitions and Joint Letters Ordinary Meeting - 15 November 2017

PAGE 10

1. PETITIONS AND JOINT LETTERS

1.1 RESPONSE TO PETITION PARKING GIRTON COLLEGE AND SACRED HEART CATHEDRAL PRECINCTS

Document Information

Author Caroline Grylls, Manager Safe & Healthy Environments Responsible Vicky Mason, Director Health and Wellbeing Director

Purpose

This report responds to the petition presented to Council on 20 September 2017 from residents requesting Council urgently address access to on street parking for residents, occupants or visitors. The petition focuses on street parking within the “Girton College and Sacred Heart Cathedral precincts”.

Summary

A petition was received from residents within the precinct bound by Vine, Barnard, Short and High Streets. The petition “draws to the attention of Council the deplorable situation regarding access to on street parking for residents, occupants or visitors to addresses at numerous locations within the City. This petition focuses on street parking within the 'Girton College and Sacred Heart Cathedral precincts'.” “The petitioners therefore request Council urgently address the availability of parking for owners, occupants and visitors to properties within the described areas. Accordingly petitioners respectfully requests Council as a matter of urgency take action to remedy the situation and introduce as a minimum, 'Resident Permit Parking' as used by many municipalities in Victoria. Council should also consider timed parking to further address the issue". The City’s current Residential Parking Policy allows residents to apply for a Residential Parking Permit. The permits are available to occupiers of residential properties without off street parking whose property is adjacent to a street that has time restrictions. The permit will exempt a vehicle from a time restriction in a shared zone where fixed parking periods apply but will not provide exclusive use of any particular parking space.


PAGE 11

The Safe and Healthy Environments department is currently undertaking a service review of the Parking Services unit. As part of this process, the Residential Parking Policy will be reviewed to ensure the policy meets the needs of the community, including residents and businesses. The review will include consultation with key stakeholders and bench marking with other Councils. The policy review will be undertaken within the 2017-2018 year.

RECOMMENDATION

That Council:

1. Acknowledge that a review of the Residential Parking Policy will be undertaken within the 2017-2018 year.

2. Notify the petitioners of the action taken and that further opportunity will be provided for residents to provide comment during the Residential Parking Policy review.

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

CARRIED

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

Policy Context

Community Plan Reference: City of Greater Bendigo Community Plan 2017-2021 Goal 1: Lead and Govern for all Objective 1.1 Engage with all communities Goal 3: Strengthening the economy Objective 3.1 Support our local businesses and industry to be strong, vibrant and to grow and develop Objective 3.3 Ensure Greater Bendigo is a welcoming place for new businesses and industries and supports creativity and innovation and visitor attraction


PAGE 12

Residential Parking Policy Bendigo CBD Parking Strategy October 2008

Background Information

The current Residential Parking Policy was adopted by Council in June 2009. The policy allows residents to apply for a Residential Parking Permit. The permits are available to occupiers of residential properties without off street parking and no reasonable opportunity to modify the property to provide parking and their property is adjacent to a street that has time restrictions. The permit will exempt a vehicle from a time restriction in a shared zone where fixed parking periods have been created but will not provide exclusive use of any particular parking space. The provision of Resident Exclusive Parking Zones was considered by Council prior to the new hospital construction in October 2013 and not supported. Previous Council Decision(s) Date(s): At the Ordinary Meeting of 23 October 2013 Council resolved to: “Not introduce Resident Exclusive Parking” At the Ordinary Meeting of 20 September 2017 Council resolved: “That the petition be received and a response be prepared within two (2) meetings”

Report

A thorough and robust review of the current Residential Parking Policy will identify Council’s priorities and objectives to manage on street parking across the municipality. The review will consider the needs of all stakeholders which include:

Businesses

Residents.

Residential visitors

Business customers

Business staff Options/Alternatives: Risk Analysis: The petition “requests Council as a matter of urgency take action to remedy the situation and introduce as a minimum, 'Resident Permit Parking' as used by many municipalities in Victoria. Council should also consider timed parking to further address the issue".


PAGE 13

A total municipality review is required to ensure a balanced approach to on street parking, allowing for a fair and equitable use of public land.

Consultation/Communication

The community will be advised of the opportunity to provide comments and feedback during the review process. Opportunities will be advertised through various mediums.

Resource Implications

Budget Allocation in the Current Financial Year: Nil

Attachments

N/A


PAGE 14

1.2 PETITION: TRAFFIC SAFETY ISSUE AT INTERSECTION OF GLADEVILLE DRIVE AND HOWARD STREET, EAGLEHAWK

[Petitions and joint letters with ten (10) or more signatures are included in the agenda or tabled at the meeting, unless there is a separate legal process for considering the petition or joint letter, as there is for planning submissions or submissions following public notices (Section 223 LGA)]. A petition has been received from residents in the vicinity of the intersection of Gladeville Drive and Howard Street, Eaglehawk, as outlined below: "We the undersigned residents and ratepayers of Greater Bendigo City Council

formally request Council to make the intersection of Gladeville Dr, Eaglehawk and Howard St, Eaglehawk safer for residents and visitors to our street. With the introduction of the additional houses into our street, it has created a safety issue for vehicles wishing to exit onto Howard street due to the obstructed view (in the direction of Epsom) from the temporary fencing that has been erected for the construction of a house on the corner of Howard Street and Gladeville Drive. The fencing, at the moment, is temporary fencing from Cavalier Homes in Bendigo. Of which, many residents have complained to the [Director of Cavalier Homes] who has personally visited the site and had the fence moved back off the side of the footpath to allow better vision of the intersection. However, [the Director] has instructed us that there will be a permanent fence placed where the temporary fence is on the corner of the intersection which is most likely going to impede the vision of people leaving Gladeville Drive. The intersection needs to be reevaluated for safety as prior to the temporary fencing being moved back on Monday the 23rd October, there were almost 3 accidents in the morning alone, due to the impaired visibility of the traffic travelling from the direction of Epsom.

Our suggestion is a mirror to allow us vision of the traffic of which the fence would

be obstruction the road to Epsom. Or, possibly, a roundabout in the future in order to reduce the constant danger from speeding vehicles along Howard street making the intersection ever more dangerous with the reduced vision. As we are unable to see the effect on the ability to navigate the intersection safely with a mirror or roundabout, we do not know if these are the best or most viable option and wish the council to investigate hastily before there is serious accident".

Signatures - 32


PAGE 15

RECOMMENDATION

That the petition be received and a response be prepared within two (2) meetings. RESOLUTION Moved Cr Williams, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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

Presentation and Managing Growth - Reports Ordinary Meeting - 15 November 2017

PAGE 16

2. PRESENTATION AND MANAGING GROWTH

2.1 PLANNING SCHEME AMENDMENT C220 & DEVELOPMENT PLAN DP/80/2016 - LANSELL CREST, CONSIDER PANEL AND ADVISORY COMMITTEE REPORT, ADOPTION OF AMENDMENT C220, AND APPROVAL OF DEVELOPMENT PLAN DP/80/2016.


Author Alison Kiefel, Planner Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Amendment details: The Amendment proposes to modify Schedule 16 to the Development Plan Overlay which applies to 39-51 Lansell Street, East Bendigo. A summary of the changes includes:

Removal of cap on dwelling numbers;

Acknowledge issues of Certificate of Environmental Audit;

Acknowledge work undertaken to record the heritage of the site; and

Reformatting and separation of key issues.

Development Plan: The Development Plan proposes:

95 lots (104 dwellings) ranging in size from 85sqm to 350sqm;

2, 3, 4 & 5 bedroom dwellings that are double and triple storey;

Two open space areas totalling 1,300sqm (5% of site);

Landscaped open spaces and nature strips;

All dwellings to have at least one car space, most will have two;

One main link road accessible by Lansell or Lloyd Street.

Proponent: Blue Bondi Pty Ltd

No. of submissions: 103 (comprising 96 opposing, 7 supporting/neutral)

Key issues: The Amendment facilitates the development of the site in line with the City’s strategic direction of urban consolidation and development of key sites.

Density

Streetscape and neighbourhood character


PAGE 17

Traffic

Infrastructure services

The Panel and Advisory Committee (PAC) recommend that Council Adopt Amendment C220 with minor changes, and approves the Development Plan DP/80/2016.

RECOMMENDATION

That the Greater Bendigo City Council resolves to:

1. Adopt Greater Bendigo Planning Scheme Amendment C220 with changes.

2. Forward the adopted Amendment to the Minister for Planning for Approval.

3. Approve the Development Plan DP/80/2016 following the Minister for Planning's approval and Gazettal of Amendment C220.

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

CARRIED

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

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021

Goal 2: Wellbeing and fairness

Create a much healthier Greater Bendigo

Create safe and resilient communities Goal 4: Presentation and managing growth

Plan to meet future housing needs

Continue to implement strategies that increase the capacity of transport networks to better move people and goods and encourages walking, cycling and the use of public transport.

Keep Greater Bendigo attractive with good quality public facilities and places. Goal 5: Environmental sustainability

Drawing on the One Planet Living* framework work to connect the health of the natural environment to the health and prosperity of our community.

Goal 6: Embracing our culture and heritage

Recognise and celebrate our unique history and diverse cultures.


PAGE 18


The key steps in the Amendment process are summarised below:

The Amendment has arisen from a privately sponsored request by Blue Bondi P/L. The site has a Development Plan Overlay which unusually restricts development of the site to 65 lots. This was suggested by the proponent when the site was originally rezoned in Amendment C34 and suited the market environment in 2004. Since then, the land has been included as a key development site in the Planning Scheme as part of the Greater Bendigo Residential Strategy 2014, and Clause 21.05 Compact Greater Bendigo. This Amendment requests to alter the Development Plan Overlay to complement this new strategic direction. A request for approval of a Development Plan has also been received for the site. This process is occurring concurrently with the Amendment. A Development Plan is prepared for a site when required by a Development Plan Overlay. This Plan can be prepared at any time, and has a separate statutory process to a Planning Scheme Amendment. A Development Plan must be approved by the Responsible Authority (City of Greater Bendigo) before a permit for subdivision or other development can be considered.


PAGE 19

A planning permit will also be required for this development for subdivision and for dwellings on lots less than 300sqm. The permit application will be assessed against an approved Development Plan, referred to relevant authorities for conditions, but will be exempt from any further public notice. Previous Council Decisions 8 June 2006 – Amendment C34 gazetted which rezoned the land to Residential and applied the Development Plan Overlay. 22 October 2014 – Council adopted the Greater Bendigo Residential Strategy 2014. 2 March 2016 – Council adopted Amendment C215, which changed the Municipal Strategic Statement, including identification of this site as a key residential development site. 29 June 2016 – Council resolved to seek authorisation from the Minister for Planning for Amendment C220. 17 May 2017 – Council resolved to refer the Amendment (and Development Plan) to the Minister for Planning to appoint an independent panel and advisory committee (PAC).

Report

The Explanatory Report details the purpose and effect of the Amendment and provides the strategic justification for the Amendment. Key issues identified in the Explanatory Report are discussed below. Land affected by the Amendment The subject site is located at 39-51 Lansell Street, East Bendigo, and known as Lot 2, PS4348105. The site is an irregular shaped allotment, approximately 2.6 hectares in size. The site was formerly used as an abattoir, and later by the Country Roads Board. All buildings on the site have been demolished and environmental decontamination works completed, with a Statement of Audit issued. The site is predominately cleared of vegetation, with undulating topography and four trees remaining on the site. Access is via Lloyd Street which forms the northern boundary or Lansell Street along the southern boundary. Lansell Street terminates at the VicRoads office (Murphy Street end), and has a ‘local only’ access road for residents. Adjacent to the site to the east is the Bendigo VicRoads office and to the west is Bendigo Kangan TAFE, East Bendigo public pool, and East Bendigo bowling green. Opposite the site in Lloyd and Lansell Streets are established residential properties.


PAGE 20

What the Amendment does The Amendment seeks to provide the ability for the land to be developed as a key development site as part of the implementation of the Greater Bendigo Residential Strategy 2014. The Amendment proposes to amend Schedule 16 of Clause 43.04 Development Plan Overlay to:

Delete the cap on dwelling numbers;

Update the schedule to acknowledge the previously issued Certificate of Environmental Audits;

Update the Schedule to acknowledge work undertaken to record the heritage of the site; and,

Update the format and requirements to be addressed in the Development Plan Overlay.

What the Development Plan proposes A Development Plan (including written report, layout plan, access plan, landscape plan, staging plan, building envelope and details plan), has been prepared in accordance with the proposed Development Plan Overlay Schedule 16.


PAGE 21

In summary the Development Plan proposes:

95 lots (104 dwellings) ranging in size from 85sqm to 350sqm;

2, 3, 4 & 5 bedroom dwellings that are double and triple storey;

Two open space areas totalling 1,300sqm (5% of site);

Landscaped open spaces and nature strips;

All dwellings to have at least one car space, most will have two;

One main link road accessible by Lansell or Lloyd Street.

Consultation/Communication Exhibition Procedures The Amendment C220 and Development Plan DP/80/2016 were exhibited for one month from 17 November 2016 to 19 December 2016. Note – The Planning Scheme does not require advertising of Development Plans, however our municipality informally advertises Development Plans as part of its transparent decision making processes. Submissions 102 submissions were received, 87 during the exhibition period and 15 late submissions. Of these, 7 were in support/neutral of the proposal, including all 6 referral authorities that responded, and 95 submissions requested a change to the Amendment. Note that one of the submissions from DELWP was inadvertently missed in the tally of submissions report to Council at its May 2017 meeting. The submission was, however included as an attachment to the Council report. An additional submission was received following the Council meeting and was referred on to the PAC, making 103 submissions in total and 96 referred to the PAC. Of the 96 submissions requesting a change, over half (69) were the same wording (preformatted), one was a petition of 101 signatures, and the remainder were from individual residents and neighbouring property owners. It is noted that only 2 residents in Lloyd Street raised issues, and one of these is located on the eastern side of Murphy Street. Few of the objecting submissions were residents of Lansell Street. The key issues raised by the submitters included:

Removal of cap for number of lots;

Key development site and density intensification;

Neighbourhood character;

Amenity and social impacts;

Traffic and road network;

Parking;

Public open space, size of backyards;

Infrastructure. All submitters will be notified of Council’s decision resulting from this report.


PAGE 22

The PAC Hearing The Minister for Planning appointed an Independent Panel to consider the Amendment and a joint Advisory Committee (PAC) to consider the Development Plan. A preliminary hearing was held on 3 July 2017 in Bendigo, in which the PAC issued a number of directions for the City and the Proponent to assist with their assessment of the proposals. The Panel Hearing was held on 5, 6 and 7 September 2017 in Bendigo. The PAC considered all written and oral submissions and material presented to it in connection with the Amendment:

The City was represented by City staff;

The proponent was represented by Mr Cicero from Best Hooper Lawyers and called three (3) expert witnesses in the fields of Planning, Traffic and Infrastructure; and

Five (5) submitters chose to make verbal presentations to the PAC. The Panel and Advisory Committee Report and Recommendations The PAC Report was received on 4 October 2017. Under Section 26 of the Planning & Environment Act 1987, the Panel Report was automatically released to the public on 1 November 2017, 28 days following its receipt. In summary, the PAC supported the Amendment as exhibited with minor changes to the wording and layout of the Development Plan Overlay Schedule 16, and no changes to the submitted Development Plan DP/80/2016. The PAC’s recommendation stated:

"Based on the reasons set out in this Report, the Panel and Advisory Committee recommends that Greater Bendigo Planning Scheme Amendment C220 be adopted subject to the following:

Include the Development Plan Overlay Schedule 16 included at Appendix D of the Panel and Advisory Committee’s report.

Review whether the reference to the Heritage Assessment, Former City of Bendigo Abattoir, Anthemion Consultancies, revised August 2014 needs to be retained.

Based on the reasons set out in this Report, the Panel and Advisory Committee recommends that Development Plan DP/80/2016 be approved as exhibited." The changes recommended to the DPO16 by the PAC are:

Move the four reports undertaken for the site, being the two Environmental Audits; Site Environmental Management Plan and Heritage Assessment report from Clause ‘1.0 Requirements before a permit is granted’ to Clause ‘2.0 Conditions and requirements for permits’.

Insert in Clause ‘3.0 Requirements for development plan’ ‘Urban Design’ two dot points:


PAGE 23

The general layout of the proposed development showing how it can provide a variety of lot sizes, dwelling types and orientations and social inclusion.

How the plan has been designed to enable the requirements of Clause 55 to be satisfied, and how lots within the plan have been designed to reasonably enable future dwellings to satisfy the requirements of Clauses 54 and 56 of the planning scheme.

Delete in Clause ‘3.0 Requirements for development plan’ ‘Urban Design’ one dot point: How the development provides for housing diversity and social inclusion.

There were no other recommendations or changes suggested by the PAC. This is unusual and a solid outcome, which demonstrates the City had properly and comprehensively considered the issues in line with current planning policy. It is recommended that the PAC recommendations be adopted in full as per the Development Plan Overlay Schedule 16 supplied by the Panel and attached to this report. Below are conclusions of the PAC in response to key issues raised by submitters. State and Local policy compliance

The Amendment and Development Plan will facilitate higher density residential development consistent with the designation of the site in the GBPS [Greater Bendigo Planning Scheme] and the GBRS [Greater Bendigo Residential Strategy] as a ‘key development site’ and in accordance with their ’10 minute neighbourhood principles’. The proposed development will also help to address the mismatch between household structure and the types of dwelling being built in Bendigo. The PAC is satisfied that the Amendment and Development Plan are generally supported by and are consistent with the State and local policies and strategies relating to residential development and development of this site. Removal of cap on dwellings

"The PAC concludes that prescribing a limit on the number of dwellings in the DPO 16 would be inconsistent with the residential policy framework that applies to the site and is unnecessary in light of the extensive planning scheme provisions that are adequate to manage development of the site." Site contamination

"The PAC concludes that updating the reference to site contamination and remediation approvals in the DPO16 is appropriate."

This conclusion is referenced in the recommendation. Heritage

"The PAC concludes that Council should review whether the reference to the revised Heritage Assessment serves any purpose and should be retained in the DPO16."


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Notification

"The PAC concludes that the notification arrangements under the DPO16 are appropriate." Neighbourhood character, urban design and amenity; Built form

"The PAC concludes:

The proposed development will make a positive contribution to the character of the surrounding urban environment and facilitate a well-designed, contemporary residential development,

The overall design and key elements of the Development Plan are consistent with the relevant State and local policies and are an appropriate response to the characteristics and features of the site and general area.

Detailed design issues will be further refined and addressed as part of the planning permit processes."

The General Residential Zone (garden area)

"The PAC concludes:

The Development Plan is generally consistent with the garden area provisions of the GRZ.

Council and the Proponent should liaise with DELWP to determine how and at what stage the GRZ garden area provisions might apply to future planning permit applications for the site."

Access and movement; Traffic generation and assessment methodology; Impact on surrounding road network; Development Plan road network assessment; Parking

"The PAC concludes:

The methodology underpinning the traffic engineering assessment is sound.

The existing road network can safely and efficiently accommodate the traffic that will be generated by the development.

The traffic and parking arrangements are generally satisfactory.

Visibility and sight distance issues within the site should be reviewed as part of the detailed road design."

Infrastructure and servicing

"The PAC concludes:

The proposed development is capable of being serviced, including drainage, water and sewerage infrastructure.

There are no infrastructure capacity or service issues that limit or preclude development of the site consistent with the Development Plan."

Open space and landscaping

"The PAC concludes:

The size, structure and location of the two parks are appropriate.

Further detailed planning and design of the two parks should be carried out in a creative and collaborative process.

The landscape plan provides a satisfactory response to the requirements of the revised DPO16."


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All of the conclusions above are supported with minor changes to the Amendment as proposed by the PAC and no changes to the Development Plan. Assessment of Development Plan against the Planning Scheme requirements A Development Plan has been prepared and advertised concurrently in accordance with the proposed amended Development Plan Overlay Schedule 16, (and is attached to this report) consisting of:

A written report

Development Plan

Accessibility Plan

Activation Plan

Indicative Building Heights Plan

Indicative Landscape Plan

Staging Plan The below table discusses the requirements of the Development Plan Overlay (as amended by Panel recommendation) in relation to the submitted Development Plan.

The development plan must comply with Statement of Environment Audit issued on 8 December 2005; Certificate of Environmental Audit issued on 20 Jan 2016, Site Environmental Management Plan, Residential Development, former VicRoads Depot, 29 Jan 2016; and The Heritage Assessment, revised August 2014.

The Development Plan is considered to comply with these documents.

Urban Design

The general layout of the proposed development showing how it can provide a variety of lot sizes, dwelling types and orientations and social inclusion.

The development will achieve a density of 38 lots per hectare, or 95 lots and 104 dwellings. Lot sizes will vary between 85sqm – 350sqm, with one lot over 700sqm. This will allow for medium density residential development and compact housing.

The following lot sizes are proposed:

12 lots, 13% of lots (85-100sqm)

17 lots, 18% of lots (101-150sqm)

25 lots, 26% of lots (151-200sqm)

40 lots, 42% of lots (201-350sqm)

1 lot, 1% of lots (700sqm +)

Two (2) of the lots are proposed to be multi dwelling sites.

The dwelling sizes are proposed as:

25 (24%) - 2 bedroom dwellings

44 (42%) - 3 bedroom terrace houses

28 (27%) - 4 bedroom town houses

7 (7%) - 5 bedroom town houses

The development proposes a compact style of housing that is significantly underrepresented in the Bendigo property supply. The range of housing types and sizes will create more diversity in housing stock, for a variety of demographics.


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The site is in close proximity to infrastructure services for efficient supply, and is easily accessible via foot, bicycle or public transport to nearby community facilities.

How the plan has been designed to enable the requirements of Clause 55 to be satisfied, and how lots within the plan have been designed to reasonably enable future dwellings to satisfy the requirements of Clauses 54 and 56 of the Planning Scheme.

In summary, the development meets the majority of the standards and all the objectives in Clause 56 of the Planning Scheme. (Refer to the attachments for the full Clause 56 assessment).

There are no matters which would prevent compliance with Clause 54 or 55 which is assessed in detail as part of a later planning permit.

The site will provide a liveable and sustainable community as it is within walking distance to two bus stops and a supermarket; provides good walking connections through the development, and is close to the Bendigo CBD.

The site is not covered by a specific neighbourhood character policy but has addressed neighbourhood character through the design of dwellings on the edges and landscaping.

It will provide a mix of housing types and is of an acceptable lot density for the Zone.

Half of the lots have good solar orientation and almost all proposed dwellings have been designed to have living areas facing in a northerly direction.

The design of the street network is appropriate and meets the Infrastructure Design Manual in most cases. It is recommended that one of the access places and the access lane parallel to Lloyd Street be common property.

All services can be provided to the development.

The provision of dwellings on lots that abut the existing road reservations of Lloyd and Lansell Streets designed and configured with active frontages and individual pedestrian access.

Included in the Development Plan is a detailed plan indicating the proposed layout, lot sizes with building envelopes and driveways. This layout has utilised the existing slope of the land, with a central crest to minimise earthworks. The proposal includes 95 lots, with a central access street providing access from both Lansell and Lloyd Streets. Lots orientated to the existing street network have rear vehicle access to maintain an active frontage and landscaping.

The dwellings have been orientated to allow significant views over the proposed park land, and to the city skyline.

Measures taken to minimise any possible conflict with abutting non-residential uses.

The proposed Development Plan shows lots backing onto the adjacent VicRoads and TAFE sites with a fence between the sites. The rear yards of the lots will include setbacks to the buildings of approximately 6m, which is considered sufficient to provide further landscaping and screening to improve the interface.

Built Form

Indicative height and scale of any proposed development.

An indicative building heights plan shows the lots and proposed scale and heights


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with all perimeter lots having buildings of 2 storeys, and two blocks of 3 storeys located adjacent to the two internal Parks. These heights are within the scope of the General Residential Zone, and make use of the existing topography to provide views across the City skyline. The amenity impact to neighbouring properties is also minimised by the maximum 2 storey development around the perimeter of the site.

Access and movement

A comprehensive transport analysis, which identifies expected traffic volumes associated with the proposed use, including trip generations.

Included in support of the Development Plan is a Traffic Engineering Assessment report prepared by Traffix (October 2016) which concluded:

Traffic generation from the proposed development will be similar to that predicted for the current Overlay of a 65 lot density, of approximately 640 to 650 trips per day.

The Traffix report concluded that the existing road network around the development is capable of accommodating the extra traffic. Lloyd and Lansell Streets will remain well within the capacity specified in the Planning Scheme, as will the intersections of Murphy and Lloyd Streets, and Lansell and Charleston Streets, based on SIDRA data provided.

Expert evidence from Ratio (August 2017) was presented to the PAC that essentially supported the Traffix conclusions regarding traffic generation and capability of the existing road network. Particularly that:

The traffic generation will be below 8vpd per dwelling.

Lansell and Lloyd Streets (and beyond streets) are capable of the additional traffic based on the evidence provided without any upgrade required.

That no intersection alterations or improvements are necessary as a direct result of this development, however a splitter island at Patrick Street to assist with pedestrian movements has been identified as a desirable addition in response to a submission.

That no additional traffic survey is necessary for when the neighbouring Pool and Bowls Club are in use.

That additional surveys were undertaken, and

That the surveys included a wider road network that reflects the more likely distribution of traffic.

The proposed movement network which:

Provides convenient internal and external access/linkages;

Allows for the safe and efficient operation of emergency vehicles; and

Provides attractive, convenient, safe and legible pedestrian and bicycle networks within the site.

The Development Plan includes an Accessibility Plan, which shows the anticipated road network required for the development. This includes an:

Access Street (14.6m reserve width), the main street through development.

Access Place (7m reserve width), one way street around Hilltop Park.

Access Places (10.8m reserve width), providing rear access to lots fronting Lansell Street with a turning area.

Access Laneway (7m reserve width), a street north of Arbor Park and providing access to lots fronting Lloyd Street and to the west. This includes


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part undercover laneway.

New footpath along the frontage of site in Lansell and Lloyd Streets with additional landscaping.

All allotments and dwellings will have good access to the road and pedestrian pathway networks.

An accessibility plan shows the road, cycle and pedestrian routes with specific waste bin pad areas within the proposed development and existing neighbourhood. The landscape plan shows the proposed streetscape treatments.

That service and emergency vehicle access is sufficiently provided for via the main Access Street. (This has been supported by the CFA.) The Planning department has considered the Traffix report and expert evidence by Ratio, and notes the following:

That some of the access places/lanes do not meet the requirements of the Planning Scheme or the City’s IDM and therefore will need to be common property. This includes the Access Lane in the north west and rear access to lots fronting Lloyd Street as proposed by Ratio; and the dead end Access Place providing rear access to lots fronting Lansell Street. The Access Lane is because this street contains overhanging balconies, and does not meet the IDM requirements. The Access Place, as noted in the Traffix report, does not meet the turning circle requirements for emergency vehicles. This will not affect accessibility by emergency or service vehicles, as a bin pad is provided on the proposed main Access Street and the street is not more than 60m long. This was noted in the Traffix and Ratio reports.

That another bin pad will be required in the north west of the development near Arbour Park as the road will be common property.

The Development Plan should be amended to show the proposed Patrick Street splitter island.

In summary, the proposed street network and street infrastructure proposal is generally supported, subject to a satisfactory, detailed engineering design as part of a future planning permit application.

The location of car and bicycle parking within the public realm.

The Accessibility Plan submitted with the Development Plan shows 46 on-street car parking spaces, located along the proposed main Access Street (27 spaces), and along the frontage of the site in existing streets - Lansell Street (9) and Lloyd Street (10).

The proposed car parking provision meets the requirements of Clause 52.06; sufficient parking is being provided in the development (27 provided, 21 required by the Planning Scheme).

The proposed and existing road network is proposed to cater for cyclists on-street, with a further detailed landscape plan to show the bicycle parking.

Open space and landscaping

Public open space should be designed and located to best meet the needs of residents within the new development and those in adjoining and existing houses.

The Development Plan includes a landscape plan and activation plan, which illustrate the park locations and public space landscape treatments.

The amount of public open space in the Development Plan meets the Greater


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Bendigo Planning Scheme requirement for 5% of the total site. A landscape plan has been submitted which shows two open space parks, and streetscape treatments.

The site is also in proximity to other public open spaces including: the small playspace in front of the East Bendigo Swimming Pool (150m from site); a bush reserve and informal walking tracks (150m); and Lake Weeroona, which is a regional playspace, and parkland (1km).

Dwellings adjoining the open space should be designed to front onto and have active frontages overlooking the open space so as to enhance surveillance of the area.

All allotments have been carefully designed to have easy access to, or overlook one of the two green spaces within the development.

All lots that abut the existing Lloyd and Lansell Streets have rear vehicle access from the new street network and pedestrian access via footpaths along the existing frontages.

Appropriate landscape theme(s) for nature strips and public open space areas, using native, indigenous and exotic plants.

A landscape plan showing themes and plantings consistent with the City’s tree planting guidelines has been submitted. Reuse of heritage timber beams from former buildings on site and interpretive signage is included. The City’s Landscape and Public Open Space Unit is satisfied with the proposal.

Any vegetation which is to be retained and protected

N/A – The development plan application does not include the retention of the four (4) trees on site.

Servicing

Provision of water, drainage, electricity, sewerage, data cable conduit, gas and the common trenching of compatible services.

The Development Plan includes a servicing report prepared by Terraco, which states all available services can be connected to the site.

Coliban Water and NCCMA have no objection to the proposed Development Plan and agree the site can be adequately serviced.

Staging

The staging and density of the development.

A proposed staging plan has been submitted, indicating 15 stages of development, with the first stages fronting Lansell Street and working across the site in a northerly direction to Lloyd Street.

The PAC stated the following in response to the Terms of Reference for the Advisory Committee:


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"The PAC is satisfied that the Development Plan will provide an acceptable development outcome and should be approved. The proposed density of development is consistent with the residential development policies for Bendigo and the site, and will make appropriate use of a designated Key Development Site in proximity to the Bendigo City Centre. The proposed development will make a positive contribution to the character of the surrounding urban environment by facilitating a well-designed, contemporary development on a vacant site.

The PAC is satisfied that the traffic engineering assessment and methodology that underpin the Development Plan are sound. The existing road network can support the proposed development, although a splitter island should be provided at the Patrick Street and Lansell Street intersection to enhance safety. The mix of on-site and off-site parking is adequate to service the development. The internal road network will provide adequate emergency and garbage vehicle access.

The PAC is satisfied that drainage, water, sewerage and other necessary infrastructure are available and have sufficient capacity to service the proposed development."

Conclusion

It is recommended that Council adopt Amendment C220 in its revised form as recommended by the PAC, and forward the adopted Amendment to the Minister for Planning to approve. This will complete the Amendment process and the new Development Plan Overlay Schedule 16 (DPO16) will be changed once gazetted. It is also recommended that Council approve the Development Plan DP/80/2016 with minor additions for another bin pad area in the north west of the development and a splitter-island at Patrick Street. The PAC did not recommend any changes. Approval can only be granted once (if) the new DPO16 has been gazetted. Conditions are not able to imposed on this approval. These two processes will acknowledge the Council’s in-principle agreement to the proposed development and complete the Amendment and Development Plan process. A planning permit application is required to be submitted, assessed and issued before development could begin. The approval of the Development Plan does not automatically mean approval of the development, as the application will need to demonstrate compliance with the relevant Zone and other planning provisions. The permit application will, however not be subject to public notice as per Development Plan Overlay requirements.

Options

In regard to the Amendment C220; Council has the option of

Adopting the Amendment without making the recommended changes by the PAC (supported by a planning reason) and sending to the Minister for Planning for Approval.

Adopting the Amendment in accordance with the PAC’s recommendations and sending to the Minister for Planning for Approval. (This is the preferred option).


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Abandoning the Amendment under the Planning and Environment Act 1987. There is no right of review of a council's decision not to support an Amendment.

In regard to the Development Plan DP/80/2017; Council has the option of

Approving the Development Plan without changes.

Approving the Development Plan following requested changes. (This is the preferred option)

Requesting other changes or further information.


Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. There is no change in resources for future planning permits as a planning permit was also required under the existing overlay provisions. The proponent has agreed to pay for the statutory fees and extra costs incurred by the City for holding the PAC, as per the policy for private Planning Scheme Amendments adopted by Council.

Attachments

Explanatory report.

PAC report.

Expert evidence reports (3 reports)

Additional Submission

Development Plan – including written report and 6 plans

Clause 56 assessment table.


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2.2 PLANNING SCHEME AMENDMENT C223 - WHITE HILLS AND EAST BENDIGO HERITAGE STUDY, STAGE 2 CONSIDER PANEL REPORT AND ADOPTION OF AMENDMENT


Author Morgan James, Planner Amendments Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Amendment details: The Amendment proposes to implement the White Hills and East Bendigo Heritage Study – Stage 2, 2016 by:

Applying the Heritage Overlay to:

o Five new heritage precincts;

o Two existing heritage precinct extensions;

o Sixteen places of individual heritage significance;

o Three miners cottages.

Including the Study as a reference document. Applying the amended Greater Bendigo Heritage

Incorporated Plan - Planning permit exemptions to the affected properties to remove permit requirements for minor works. The Planning Panel supported the Amendment with minor changes.

No. of submissions: 17 (6 unresolved)

Key issues: Implementing the City’s strategic heritage vision and work program;

Determining heritage significance;

Defining a heritage precinct;

Integrity of heritage places;

Accuracy of heritage citations;

Impact on development potential.


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RECOMMENDATION

That the Greater Bendigo City Council resolves to:

1. Accept the Panel’s recommendations;

2. Adopt Greater Bendigo Planning Scheme Amendment C223 with changes; and

3. Forward the adopted Amendment to the Minister for Planning for Approval. RESOLUTION Moved Cr Williams, Seconded Cr Fyffe. That the recommendation be adopted.

CARRIED

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

Policy Context



6.1 Celebrate our unique heritage




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The Greater Bendigo Thematic Environmental History, 2013 identified East Bendigo and the White Hills corridor as the highest priority areas requiring a heritage study. The City subsequently commenced the White Hills and East Bendigo Heritage Study in 2013-14.

Due to an expansion of the study area to include the Hospital precinct and a greater than expected number of individual places being initially identified, the study was split into two stages. Stage 1 contained heritage places identified in the Hospital precinct area and 5 large industrial type sites and was approved by the Minister for Planning in May 2016.


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Stage 2 (current stage) of the White Hills and East Bendigo Heritage Study was undertaken by heritage consultants Context Pty Ltd during 2015-2016 and considered places of potential cultural heritage significance using historical research, community consultation and site surveys.

Previous Council Decisions 20 August 2014 – Council resolved to adopt the White Hills and East Bendigo Heritage Study – Stage 1, 2014 and request the Minister for Planning to authorise Amendment C201 to the Greater Bendigo Planning Scheme, and when authorised, exhibit the Amendment. 4 March 2015 – Council resolved to adopt the recommendations for each submission and request the Minister for Planning appoint an Independent Panel to consider all outstanding submissions.

26 August 2015 – Council resolved to adopt Amendment C201 to the Greater Bendigo Planning Scheme and request approval from the Minister for Planning. 20 July 2016 – Council resolved to adopt the White Hills and East Bendigo Heritage Study - Stage 2, 2016 and request the Minister for Planning to authorise Amendment C223 to the Greater Bendigo Planning Scheme, and when authorised, exhibit the Amendment. 17 May 2017 – Council resolved to accept the late submission, adopt the recommendations for each submission and to request the Minister for Planning to appoint an Independent Panel to consider submissions.

Report

The Explanatory Report details the purpose and effect of the Amendment and its strategic justification. Key issues identified in the Explanatory Report are discussed below. Land affected by the Amendment The Amendment affects approximately 467 properties in the suburbs of White Hills, Bendigo, Ascot and Epsom (the Explanatory Report has the full address list). Almost 300 of these properties are considered to be non-contributory places within a heritage precinct and will be subject to additional planning permit exemptions, as distinct to those places identified as contributory or of individual heritage significance.


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What the Amendment does The Amendment proposes to implement the White Hills and East Bendigo Heritage Study – Stage 2, 2016 by:

Applying the Heritage Overlay to:

o Five new heritage precincts (Bridge Street North, Buller Street, Gleeson Street,

Norfolk Street, White Hills and Hamlet precincts)

o Extension of two existing heritage precincts, Baxter Street and Tomlins Street

precincts

o Sixteen places of individual heritage significance

o Three miners cottages that will be added to the existing miners cottages serial

heritage listing in the planning scheme

Including the Study as a reference document at Clause 21.10

Applying the amended Greater Bendigo Heritage Incorporated Plan - Planning permit exemptions to the affected properties to remove permit requirements for minor works

*See Figure 1 for more detail


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Figure 1: White Hills and East Bendigo Stage 2 areas


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Exhibition The Amendment was publically exhibited for one month from 17 November 2016 to 19 December 2016. Submissions 17 submissions were received to the Amendment with 5 supporting or seeking minor changes and 12 opposing. Following the close of exhibition, Officers discussed submissions with all submitters and attempted to address any outstanding concerns. At the Council meeting of 17 May 2017 Council resolved to refer 11 unresolved submissions to the Panel. The key issues raised by the submitters included:

The effect of inclusion in the Heritage Overlay on property values;

The City’s methodology in applying the Heritage Overlay;

Permit exemptions;

Site specific issues. The Panel Hearing The Minister for Planning appointed an Independent Panel to consider the Amendment. The Hearing was held on 21 and 22 August 2017. The Panel considered all written and oral submissions and material presented to it in connection with the Amendment. The Panel Report and Recommendations The Panel Report was received on 19 September and contained 9 recommendations. The Panel Report was released to the public on 17 October 2017 under Section 26 of the Planning & Environment Act 1987, as 28 days had elapsed since the report was received. In summary, the Panel supported the Amendment as exhibited and concluded:

Council has undertaken a thorough process to assess the heritage significance and apply the heritage overlay to places identified in the Study.

The Study, subject to post-exhibition changes, be included as a Reference Document.

The Amendment is strategically justified. The Panel concluded that:

“The Amendment is supported by, and implements, the relevant sections of the State and Local Planning Policy Framework, and is consistent with the relevant Ministerial Directions and Practice Notes. The Amendment is well founded and strategically justified, and the Amendment should proceed...” p.11


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In regard to the methodology, the Panel concluded that: “Heritage Studies are complex pieces of work and require a thorough methodology and a great deal of time and dedication to succeed. The Panel concludes the Amendment is founded on long-standing methodology and has been applied judiciously and with rigour.” p.14 The following table lists the Panel’s recommendations and provides a brief comment in response. Table 1 : Panel recommendations

Rec. No.

Panel Recommendation Officer Response and Recommendation

1. Amend the Greater Bendigo Heritage Incorporated Plan – Permit Exemptions to include the list of individual places identified within the White Hills and East Bendigo Heritage Study 2016 as listed in Document 11 (Appendix 8 of Council’s Part B submission).

This was at the request of the City to accommodate changes made to address submissions.

Accept the Panel’s recommendation.

2. Delete the term “and hamlet” from the White Hills Heritage Precinct and all citations and references contained within the Heritage Study, Schedule to the Heritage Overlay and Greater Bendigo Heritage Incorporated Plan-Permit Exemptions.

This was at the request of the City to remove an unnecessary addition to a precinct name.


3. Amend the White Hills and East Bendigo Heritage Study, Stage 2 (2016) as listed in Document 11 (Appendix 8 of Council’s Part B submission) and include as a Reference Document.



4. Adopt the post-exhibition changes listed in Table 2 of the Panel report.



5. Amend Map 19 to include 91 Lucan Street, North Bendigo (HO902).

This was at the request of the City to accommodate a correction to mapping.



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Rec. No.

Panel Recommendation Officer Response and Recommendation

6. Revise the Heritage Overlay by extending the curtilage of 14 Heinz Street, White Hills (HO908) in line with the north- eastern boundary of Lot 11 and remove the horse stalls from the mapping.

This is discussed further below.


7. Amend the citation for 14 Heinz Street, White Hills (HO908) to make it clear that the house and stables are elements of primary significance and the stalls and utility building are not of significance.



8. Revise the Norfolk Street Heritage Precinct Plan by deleting 20 Norfolk Street, North Bendigo and the self-seeded tree from 21 Norfolk Street.



9. Amend the Bridge Street North Precinct by listing 62 Bridge Street, Bendigo as ‘non-contributory’.



Council should investigate the application of a Heritage Precinct north of Nolan Street, Bendigo as part of any future Heritage Amendment.



14 Heinz Street, East Bendigo The Panel recommended that the area of the heritage overlay at 14 Heinz Street be amended as per the below images (area in yellow) and the horse stalls be removed from the Heritage Overlay.


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Figure 2: 14 Heinz Street approved subdivision plan and proposed heritage overlay extent Following receipt of the submission for 14 Heinz Street, officers had extensive discussions with the submitter, particularly in regards to defining what the significant elements were and the appropriate areas to be included in the Heritage Overlay. In an attempt to resolve the submission prior to the Panel hearing, officers put forward to the submitter a revised Heritage Overlay which recommended the removal of the horse stalls, which were in poor condition, whilst allowing greater curtilage for the important stables building. This proposal is outlined in the images above. This proposal was not accepted by the submitter and the matter was subsequently heard at the Panel Hearing where officers outlined the history of the site, negotiations and the offer put forward to the submitter. Officers submitted to the hearing that the horse stalls are contributory and sought the Panel’s direction on this and on the appropriateness of curtilage given to the three significant buildings on site. The Panel noted that Council’s willingness to concede the stalls reinforced the view of the Panel that the horse stalls could be removed. The Panel was satisfied that with the removal of the stalls, the site still meets its Statement of Significance.


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The Panel further concluded that heritage precincts need to have integrity and be clearly legible by the community. The Panel found that “the approved 14 lot subdivision greatly reduces the significance of one of the heritage elements, that being the horse stalls. With this significant amount of infill proposed, it finds that the stalls could be removed, on the condition that greater curtilage be given to the larger stables structure. This was consistent with Council’s initial approach to the submitter.” Officers accept the Panel’s conclusions and although the loss of the rear stalls is unfortunate, we agree the greater curtilage given to the stables is a positive outcome, which will ensure that the significant elements of the site can be appropriately retained and understood. Officers will now work with the submitter to explain the recommended changes to the extent of the Heritage Overlay and work through the implications for the subdivision of the site, which could be accommodated via an amendment to the planning permit, as the affected area has not been subdivided yet. 62 Bridge Street, North Bendigo Following receipt of the submission for this site, officers put forward an offer to the submitter in an attempt to resolve their concerns. This offer was that the Heritage Overlay should remain as proposed but that 62 Bridge Street could be changed to be of non-contributory heritage significance. This would in effect allow demolition of the building and further open the development potential for the properties on the corner whilst ensuring it could be done in a way that appropriately manages the heritage values of the area. This approach was pursued in an attempt to achieve a balanced outcome for both Council and the submitter and be of net community benefit. This offer was also proposed in an attempt to resolve the submission and avoid the Planning Panel hearing cost of upwards of $10,000 a day, plus fee for our expert witness to contest the submission at a Panel Hearing. It was also made clear to the submitter at the time that we considered the property at 62 Bridge Street to be contributory and that if the offer was not accepted and a Panel would have to be held, the offer would be void and we would go to the Panel defending that the property was contributory. Following the hearing the Panel stated that Council’s own willingness to concede the status of the property reinforces the view of the Panel that, combined with other factors, the property could be removed as contributory. The Panel found that the property has a commercial use, which diminishes its contribution, and it is quite isolated from similar stock in its location. The Panel found that this intersection introduces a commercial area, not a residential one. The Panel concluded that the Bridge Street North Precinct should be amended by listing 62 Bridge Street, Bendigo as ‘non-contributory’.


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Whilst it is unfortunate that the dwelling at 62 Bridge Street has not been considered to be contributory, officers consider this to be an acceptable outcome as the Heritage Overlay will still apply to the property and allow the impact of any future development on the heritage precinct to be considered. Recommendation for further work north of Nolan Street At the Panel hearing, the heritage expert representing the Bridge Street submitters stated that in his opinion the section of Bridge Street north of Nolan Street to Lucan Street should have also been included in the Bridge Street North Precinct due to the number of potentially contributory buildings on the west side of the street. Officers responded that the area had not been recommended for inclusion in the Heritage Overlay as part of this heritage study, but we would be open to the Panel’s recommendation for further work. On inspection, the Panel agreed with the heritage expert and recommended that Council should look to the precinct north of Nolan Street in any further heritage study. This recommendation is accepted and the City will seek to examine the area in detail in a future heritage study.

Conclusion

It is recommended that Council adopt the Amendment with the changes recommended by the Panel and forward the adopted Amendment to the Minister for Planning to approve. This will complete the Amendment process and the Heritage Overlays can apply. All affected property owners will then be notified of the Minister's decision.

Options

Council has the option of:

Adopting the Amendment in accordance with the above Panel and Officer Recommendations and sending to the Minister for Planning for Approval, OR

Adopting the Amendment in part, OR

Abandoning the Amendment under the Planning and Environment Act 1987 - There is no right of review of a council's decision not to support the Amendment.


The Amendment will increase the number of properties included within the Heritage Overlay and this will result in an increase in the number of planning permit applications. However, the Amendment also proposes to introduce the Permit Exemptions Incorporated Plan to these places, which will limit the number of planning permit applications under the Overlay. Officer time will be required to prepare the Amendment documentation for approval and to liaise with the Minister for Planning.


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The City is responsible for payment of statutory fees and costs incurred in the processing of the Amendment, which includes:

An estimated fee of $10,000 for the Planning Panel hearing

An estimated fee of $11,000 for our Expert Witness (authors of the heritage study) at the Panel hearing

A fee of $453 for the Minister for Planning to consider the request to approve the amendment.

This cost has been included in the 2017/2018 budget.

Attachments

Explanatory Report.

Panel Report.


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2.3 PLANNING SCHEME AMENDMENT C221 - BENDIGO URBAN FLOOD STUDY - CONSIDER PANEL REPORT AND ADOPTION OF AMENDMENT


Author Emma Bryant, Coordinator Amendments and Heritage Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Summary/Purpose

Amendment details: The amendment proposes to implement the outcomes of the Bendigo Urban Flood Study 2013, which was commissioned by the North Central Catchment Management Authority and the City. The Study is one of the largest and most comprehensive urban flood studies ever undertaken in Victoria and its implementation will provide a consistent set of flooding planning controls across the Bendigo urban area for the first time. The amendment will apply flooding controls to a number of properties to ensure that flooding is considered in development proposals. It also removes the Environmental Significance Overlay from some urban creeks, reduces planning permit requirements when certain conditions are met and introduces guidelines for development within flood prone areas to assist permit applicants.

Proponent: City of Greater Bendigo and North Central Catchment Management Authority

No. of submissions: 53 (49 requesting a change, 4 in full support, 5 late but still considered)

Key issues: Providing more accurate and comprehensive flood information in the Planning Scheme.

Planning to minimise risk to the community from flooding.

Accuracy of flood mapping.

Removal of the Environmental Significance Overlay.

Effect on insurance and valuations.


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RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Accept the Panel’s recommendations.

2. Adopt Greater Bendigo Planning Scheme Amendment C221 with changes.

3. Forward the adopted Amendment to the Minister for Planning for Approval. MOTION Moved Cr Hoskin, seconded Cr Flack. That Greater Bendigo City Council abandon Amendment C221.

LOST MOTION Moved Cr Metcalf, Seconded Cr Alden. That Greater Bendigo City Council resolve to:

1. Accept the Panel’s recommendations;

2. Adopt Greater Bendigo Planning Scheme Amendment C221 with changes;

3. Forward the adopted Amendment to the Minister for Planning for Approval;

4. Update the Bendigo Urban Flood Study when the State Government releases its specifications for taking climate change into account and that the update includes: (a) Use of the 2016 intensity-frequency-duration (IFD) rainfall data developed by

Australian Rainfall and Runoff 2016; (b) Consideration of the risks associated with climate change in accordance with

State Government specifications; (c) Further review the impacts on flooding depths and extent of flood volumes

associated with longer duration events (3-5 days) as well as flood peaks; (d) Consideration of best practice modelling in line with the revised Australian

Rainfall and Runoff 2016 guidelines.

5. Commit to initiating a flood mitigation study at the start of the 2018/19 financial year for the Kangaroo Flat and Golden Square area, which is commenced when the updated information listed above becomes available.

CARRIED

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


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Cr Flack left the meeting at 7.30pm. Cr Flack returned to the meeting at 7.34pm.

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021. Goal 4: Presentation and managing growth

4.1 Plan for a growing population.




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For many years the “Land Subject to Overland Flooding” overlays in Bendigo’s Planning Scheme have been recognised as being out of date and inaccurate. In 2009, after extensive lobbying by the City and North Central Catchment Management Authority (NCCMA), the State Government and the Federal Government (via the then Natural Disaster Mitigation Program) committed funds to undertake a new flood study, for the purpose of updating these overlays in the Planning Scheme. This Study, the Bendigo Urban Flood Study (BUFS) was completed in 2013. Bendigo is made up of a complex series of catchments that feed water into Bendigo Creek, Myers Creek and Axe Creek and ultimately north towards the Murray River. To fully understand this complexity, the consultant, Water Technology, integrated two models to map overall flooding. The Rainfall and Runoff Model, otherwise known as the Spine model, was used to model the main creeks, and the Rainfall on Grid model was used to model the many individual small catchments across the city using real ground surface levels and approximately 20,000 underground stormwater pipes. The resulting raw data was very detailed ranging from a small puddle in a back yard to a fast flowing creek; with approximately 50,000 properties affected. The consultants believe that the study is the largest of its type ever undertaken in Victoria and possibly Australia (1 computer ran the models for more than 12 months). The NCCMA and the City then applied filters to this information, eg removing all flooding less than 50mm, removing ‘puddles’ less than 800m2, to come up with the ultimate ‘mainstream flooding’ along the creeks and waterways and ‘stormwater flooding’. The Spine model was calibrated using data from existing stream gauges, observations and photos obtained from the community and technical knowledge from the NCCMA and the City. The mapping from this model formed the basis of a revised Land Subject to Inundation Overlay (LSIO) in the Scheme. There are two proposed schedules for this Overlay; LSIO1 (flooding depth less than or equal to 350mm), and LSIO2 (flooding depth greater than 350mm). A LSIO3 schedule has also been used in the amendment to replace the existing LSIO outside the new study area; the data there is unchanged so this modification is administrative only. The mapping from the Rainfall on Grid model was used as the basis for the newly introduced Special Building Overlay (SBO). There are also two proposed schedules for this Overlay; SBO1 (identifies areas where flooding from the storm water system comes from a catchment greater than 60ha and cannot be readily rectified) and SBO2 (identifies land currently protected by the Epsom Huntly levee bank which has not been properly constructed according to State requirements, and where the land is very flat and has local drainage problems). The NCCMA and the City’s Presentation and Assets Directorate undertook extensive consultation with the community in 2013 to refine the mapping. Nearly 10,000 properties that may be impacted were directly contacted to seek feedback. Communications included:

Media briefing, media releases and public notices

Individual letters to properties owners affected by the proposed Planning Scheme Overlays (9,216).

Twelve public workshops to allow individual residents, businesses, and landowners to discuss the flood study at prearranged times.


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More than 600 individual meetings

Radio and television

Website (more than 2,500 hits)

Social media The result of this consultation was finalisation of the Bendigo Urban Flood Study 2013 (BUFS). The proposed amendment also proposes changes to the Environmental Significance Overlay Schedule 1 (Waterway Protection) that is currently used as a type of de facto flooding overlay in some parts of Bendigo. The amendment proposes to remove this overlay from minor waterways in urban Bendigo that do not have environmental values; ie constructed channels and minor waterways not designated under the Water Act 1989. In preparing this planning scheme amendment, the City and the NCCMA put significant effort into researching other planning schemes, streamlining the planning scheme tools and reducing permit requirements. This has resulted in changes to the LSIO schedule and preparation of a Local Floodplain Development Plan, which will provide specific guidance to planning permit applicants and assessors.

Previous Council Decisions 23 October 2013 – Council endorsed the community consultation phase for the study. 18 December 2015 – Council adopted the Flood Study and requested the Minister for Planning to authorise Council to prepare and exhibit the amendment for six weeks. 10 August 2016 – Council decided to accept all late submissions, adopt the report recommendations for each submission and request the Minister for Planning to appoint an independent panel with members who have experience in flood management and to hold the panel in Bendigo.

Report

The attached Explanatory Report details the purpose and effect of the Amendment and provides the strategic justification for the Amendment. Key issues identified in the Explanatory Report are discussed below. Land affected by the Amendment The Amendment will affect approximately 5,500 properties in total across the urban Bendigo by either adding or removing an overlay. Some properties will be affected by more than one map change. The map below shows the land to be affected by a new flooding control.


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Map 1: Proposed Planning Scheme Overlays


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What the Amendment does The Amendment proposes to:

Rezone land at 16 Rosemundy Road, Epsom, from Urban Floodway Zone to Farming Zone.

Delete the Environmental Significance Overlay (Schedule 1) from approximately 1,200 properties that are located within 100 metres of waterways that are constructed channels or non-designated waterways.

Delete the Land Subject to Inundation Overlay from all land in the study area, approximately 2,000 properties.

Apply the Land Subject to Inundation Overlay Schedule 1 to approximately 4,031 properties that are potentially subject to flooding up to 350mm depth in the 1 per cent Annual Exceedance Probability (AEP) or 1 in 100 flood event.

Apply the Land Subject to Inundation Overlay Schedule 2 to approximately 1,583 properties that are potentially subject to flooding greater than 350mm depth in the 1 per cent AEP flood event.

Replace the Land Subject to Inundation Overlay with Land Subject to Inundation Overlay Schedule 3 in the rural areas outside urban Bendigo.

Apply the Special Building Overlay Schedule 1 to approximately 392 properties throughout the Bendigo urban area.

Apply the Special Building Overlay Schedule 2 to approximately 327 properties protected by the Bendigo Creek earthen levee.

Amend Clauses 21.02, and 21.08 of the Municipal Strategic Statement to refer to the importance of flood management and planning.

Amend Clause 21.10 of the Municipal Strategic Statement to include the Bendigo Urban Flood Study 2013 as a reference document in the Planning Scheme.

Amend the Schedule to Clause 44.04 (Land Subject to Inundation Overlay) and insert new Schedules 1, 2 and 3 to identify different types of flooding and permit exemptions.

Insert Clause 44.05 (Special Building Overlay) to identify land that is liable to inundation from overlay flows from the urban drainage system and insert Schedules 1 and 2 to the Special Building Overlay to identify particular types of overland flow and include a local floodplain development plan in Schedule 2.

Amend the Schedule to Clause 61.03 to update the list of maps in the Planning Scheme.

Amend the Schedule to Clause 81.01 to include the Bendigo Local Floodplain Development Plan (March 2016) as an incorporated document in the Planning Scheme.


Exhibition Procedures The Amendment was exhibited for six weeks from 19 May 2016 to 30 June 2016. Notice was provided in the following manner:


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Individual notices to owners and occupiers of land affected by the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and

Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act. Public notice of the Amendment in the Bendigo Advertiser on 18 May 2016 and 21

May 2016. Publication of the notice of the Amendment in the Government Gazette on 19 May

2016. Access online at City of Greater Bendigo web page, ‘Bendigo Urban Flood Study’. Three public information sessions, advertised in all of the above notices and on-line

and attended by approximately 200 people. Community information bulletin. Submissions Fifty-three submissions were received to the amendment including five as late submissions received after the exhibition period. One of these was received after the previous Council meeting that considered the submissions and was sent directly to the Panel for consideration. Of the submissions, six were from public authorities and the remaining submissions from landholders or companies representing landholders. Forty–nine of these submissions requested a change. Six of these were fully resolved prior to the Panel hearing and a further 8 during the hearing. (Refer to attached summary table of submissions and responses). All submitters were contacted individually by the City prior to the Panel hearing explaining whether their submission could be accommodated or not. The key issues raised by the submitters overall included:

Overlay mapping accuracy. This was the most common issue raised. A few submissions were supported by documented technical evidence but most were not. The NCCMA and the City reviewed all these submissions, including site visits, and supported changes where they could be technically justified.

Approved development. A number of submissions were received from developers requesting that the overlay not be applied to land where planning permits for development have been granted or pre-application planning support given. These submissions were supported where development such as filling has occurred or is about to occur, but not where permits had not been granted or where they had expired.

Removal of the Environmental Significance Overlay Schedule 1. Some submissions requested removal of the ESO1 on the grounds that their land had no environmental values. None of these submissions were supported by NCCMA and the City as they didn’t meet the criteria for removal. It is acknowledged, however, that a review of the whole ESO1 in the future would be valuable.


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Insurance and valuations. A few submissions were concerned that the flood mapping would affect insurance and valuations. The mapping and amendment is to identify land that is liable to flooding so that development can be appropriately planned into the future to reduce risks. Often insurance premiums fall once flood studies are completed because risk of the unknown has been reduced. High premiums are often because the insurer is uncertain of what the flooding risk will be and whether the land can be safely developed.

All submitters will be notified of Council’s decision resulting from this report. The Panel Hearing The Minister for Planning appointed an Independent Panel to consider the Amendment and submissions received. The Hearing was held on 18-20 October 2016. The Panel has considered all written and oral submissions and material presented to it in connection with the Amendment. The Panel Report and Recommendations The Panel Report was received on 21 November 2016 and contained 9 recommendations. Under Section 26 of the Planning & Environment Act 1987, the Panel Report was automatically released on Monday, 19 December to the public, 28 days following its receipt. In summary, the Panel supported the Amendment as exhibited with minor changes and concluded:

Amendment C221 is strategically justified and supports State policy for floodplain management by identifying areas liable to flood risk hazard based on a 1 in 100 year probability.

The flood modelling undertaken to support Amendment C221 was based on accurate ground levels and data, calibration and modelling and is appropriate to inform the application of the Land Subject to Inundation Overlay and Special Building Overlay.

The form and content of the proposed changes to local policy, overlay schedules and the incorporated document Bendigo Local Floodplain Development Plan are generally consistent with relevant Ministerial Guidelines and Planning Practice Notes, and are appropriate for managing development that warrants assessment with respect to effects on and from flood processes and environmental values and hazards associated with flood processes.

The structure of the overlay schedules and the Bendigo Local Floodplain Development Plan are appropriate and offer a useful guide to the controls for practitioners and decision makers.

The post exhibition changes to the mapping of the overlays in response to submissions are supported.

The following table lists the Panel's recommendations and provides a brief comment on how the recommendation should be applied.


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The Panel recommends that Greater Bendigo Planning Scheme Amendment C221 be adopted as exhibited subject to the following:

Rec. No.

Panel Recommendation Officer Recommendation

1 Amend Schedules 1, 2 and 3 of the Land Subject to Inundation Overlay and Schedule 2 of the Special Building Overlay to include the following additional permit requirement: Buildings and works on land subject to an existing planning permit, restriction or agreement:

if land has been developed in accordance with a planning permit, restriction or Section 173 agreement requiring its ground surface level to be finished at least 300mm above the 100 year ARI (average recurrence interval) flood level; and

survey plans confirm that the ground surface level has been constructed in accordance with the requirements of a planning permit, restriction or subdivision; and

any buildings and works do not lower the ground surface level or result in a finished floor level for a dwelling that is below 300mm above the 100 year ARI flood level.

Accept the Panel’s recommendation. This recommendation ensures that where new subdivisions have been built up to above the floodplain, that individual houses in the estate won’t require a planning permit under the LSIO.

2 Amend Schedule 1 of the Special Building Overlay Clause 1.0 Permit requirements to replace the words “No exemptions specified” with the following: A permit is not required to construct a building or construct or carry out works as follows: Buildings and works on land subject to an existing planning permit, restriction or agreement

if land has been developed in accordance with a planning permit, restriction or Section 173

Accept the Panel’s recommendation. This recommendation ensures that where new subdivisions have been built up to above the floodplain, that individual houses in the estate won’t require a planning permit under the SBO1.


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Rec. No.


agreement requiring its ground surface level to be finished at least 300mm above the 100 year ARI flood level; and

survey plans confirm that the ground surface level has been constructed in accordance with the requirements of a planning permit, restriction or subdivision; and

any buildings and works do not lower the ground surface level or result in a finished floor level for a dwelling that is below 300mm above the 100 year ARI flood level.

3 Review the flood mapping and application of the Land Subject to Inundation Overlay and/or the Special Building Overlay for land at 105 Trotting Terrace, Junortoun to include only those areas affected by flooding from the unnamed tributary of Splitters Creek.

Accept the Panel’s recommendation. This submission was late and sent directly to the Panel for consideration. The City and the NCCMA have since considered the mapping, amended it as per the recommendation, and consulted with the landowner.

4 Review the base modelling of the BMT WBM model against the Water Technology model to identify if there are any discrepancies, which warrant a revision of the flooding overlays in the Epsom/Huntly area.

Accept the Panel’s recommendation. Modelling reviewed and no revision of overlays recommended at this time. See discussion below.

5 Adopt the changes shown in the maps in Appendix D to the coverage of the Land Subject to Inundation Overlay and the Special Building Overlay.

Accept the Panel’s recommendation. These changes were proposed by the NCCMA and the City in response to submissions received.

6 Amend Schedule 1 of the Land Subject to Inundation Overlay and Schedule 2 of the Special Building Overlay under “New or replacement buildings” to include the following additional permit requirement:

A relocatable building associated

Accept the Panel’s recommendation. This recommendation was presented to the Panel following negotiations by the City with the owner of the Gold Nugget Tourist Park who made a submission.


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Rec. No.


with a caravan park where floor levels are at least 300mm above the 1% AEP Flood level.

7 Replace the fifth dot point under “Other buildings and works” in Schedules 1 and 2 of the Land Subject to Inundation Overlay to read:

A curtain style fence for a tennis court if constructed in accordance with the requirements of the Bendigo Local Floodplain Development Plan 2016.


8 Amend Section 5.1 of the Bendigo Local Floodplain Development Plan 2016 by introducing the following dot point under “Subdivisions in the Low Density Residential Zone or Rural Living Zone”:

All new lots and new road reserves are set back a minimum of 30 metres from any waterway.


9 Update the Section 8 Flood Risk Guide map of the Bendigo Local Floodplain Development Plan 2016 in accordance with the changes agreed to by Council and shown in Appendix D to the Land Subject to Inundation Overlay and Special Building Overlay mapping.


Further work undertaken since receipt of Panel report Two additional reports have been received by the City since receipt of the Panel Report: 1. Rae Moran Report – “Historical Floods vs Bendigo Urban Flood Study Modelling (Has

Bendigo seen a 1 in 100 year Flood) This report reviews the February 1973 and January 2011 rainfall events, and compares the events and subsequent catchment wetness to major flood events. The report recommended that the February 1973 and January 2011 storm events be modelled as part of the BUFS to build community confidence. In response, the City believes that modelling the February 1973 event would be very difficult and there would be a significant margin of error, as many alterations have occurred to the flood paths since, and only daily rainfall figures are available rather than the 30min interval data used now. Use of daily rainfall data rather than 30 minute rainfall figures in modelling would reduce or flatten the peak flows as consistent rainfall is


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assumed over the day. Further modelling has occurred using the January 2011 data, as discussed below. 2. Rae Moran Report – “The Bendigo Urban Flood Study & Climate Change” This report discusses climate change and its potential impacts on the BUFS and recommends that these potential impacts be explored. When the modelling for the BUFS was undertaken in 2011/12, there were no Government guidelines or advice on how to consider climate change and its potential effects on rainfall intensity and flooding. The Victorian Government still does not have a definitive position on the impact of climate change on flooding with the State policy benchmark for flood planning being the 1 in 100 year flood event. Consequently, the proposed planning scheme flooding maps do not include a consideration of climate change effects. Predicted effects from climate change include more intense and possibly more frequent storm events and flash flooding. Any future flood mitigation studies should consider the impacts of climate change. The Panel in response to submissions on climate change stated that it was satisfied that the Amendment was soundly based given the current State planning policy directions. Despite the Amendment being supported by the Panel, there have still been some concerns in the community about the accuracy of the BUFS prepared by Water Technology, particularly in relation to the input data used and the template modelling being undertaken by BMT WBM for the Epsom Ascot Huntly Floodplain Management Study. In response to these concerns, the City has undertaken some further work to test the BUFS. 1. Ground survey comparison with LIDAR (Light Imaging, Detection, and Ranging

survey)

The City undertook a GPS ground survey to enable a comparison with LIDAR survey data used in the Flood Model. Surveys were undertaken at various locations along the Bendigo Creek corridor from Kangaroo Flat to Huntly. Results found that the LIDAR survey data was within an acceptable tolerance. 2. Independent review of the BUFS against the BMT WBM Template model

At the request of the City and the NCCMA, the DELWP Flood Management unit, which funded both studies, commissioned an independent review of the BUFS against the findings of the BMT WBM study. This review, by the University of New South Wales, found that:

All flood models are approximations of flood behaviour, especially in complex floodplains such as Bendigo.

Both Water Technology and BMT WBM have generally followed best practice modelling principles in developing the BUFS model and the Template model.


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The BUFS report itself could have been improved by better documentation of information, analysis and outcomes.

Many of the criticisms of the BUFS model by BMT WBM are minor in nature and do not substantially change the BUFS outputs; less than 5% of the area of extent different and depth differences predominantly within 0.25 metres. These minor differences would be accommodated in the LSIO anyway which has a freeboard of 300mm on top of the 1 in 100 year level for planning purposes.

Adequate ground truthing of the BUFS occurred through the extensive Study consultation programme and the following amendment.

In summary, the outcome of this independent review was that the BUFS is appropriate to be used as a basis for the planning scheme amendment and subsequent overlays. 3. Modelling of the January 2011 to determine whether it was a 1 in 100 year event. In response to a community request and further information provided in the Rae Moran report, Water Technology was engaged to model the January 2011 rainfall event. Water Technology achieved a reasonable calibration between the model and stream gauges, photos and observed flood levels. The model determined that the flow results for the January 2011 event were:

Bendigo Creek in Bendigo, flow was less than 5 year storm event.

Bendigo Creek at Huntly, flow was just below a 10 year storm event.

Back Creek at Ascot, flow was just below a 20 year storm event. The modelling also confirmed the results of the Flood Study. Since the Panel hearing, the NCCMA has also reviewed the BMT WBM template model against the BUFS in accordance with recommendation 4 of the Panel. The flood modelling undertaken by BMT WBM in the Epsom Huntly area has further refined the flood modelling undertaken by Water Technology, which was done on a regional basis to inform the planning scheme amendment. The BMT WBM base modelling outputs were compared with the exhibited overlay maps and only minor differences between the two were found. There are some areas in the BMT WBM report that have been identified as having greater flooding risk, but most of these areas are already in the proposed SBO2 (‘unconstructed’ levee) area so would require planning approval for development anyway. Other increased risk areas in this report were determined to be no longer due to recently approved development and filling, and one was protected by a levee bank that had not been included in the BMT WBM model. There are some minor areas where flooding is less in the BMT WBM model than in the BUFS but these areas are also within the SBO2 area and would still require a planning permit for development. Once a permit application is applied for, the most recent and accurate data would be used to design the development.


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Due to the minor differences in mapping between the two studies, the City and the NCCMA believe that the proposed amendment is appropriate at this stage, and subsequently, when the Epsom Ascot Huntly Floodplain Management Study (mitigation project) is completed and implemented, that the flood overlays be comprehensively reviewed and a planning scheme amendment undertaken at that time.

Conclusion

This amendment is the culmination of many years of work by the City and the NCCMA. Its adoption will provide vastly improved Planning Scheme information for managing flood risk. It is recommended that Council adopt the Amendment with changes as recommended by the Panel and forward the adopted Amendment to the Minister for Planning to approve. This will complete the Amendment process.

Options

Council has the option of:

Adopting the Amendment in accordance with the Panel’s recommendations and sending to the Minister for Planning for Approval.

Adopting the Amendment in part.

Abandoning the Amendment under the Planning and Environment Act 1987. There is no right of review of a council's decision not to support the Amendment.

Adopting the Amendment as exhibited.


The Amendment is not expected to have any adverse effects on the resources and administrative costs of the City of Greater Bendigo. The Amendment will result in more planning applications for flood management but this is necessary to protect the community from flooding, and fees will cover these costs. Also the Local Flood Plain Development Plan and permit exemptions reduce the permit burden. Since the Panel hearing, the City has spent a $6,500 on further modelling. The City is responsible for payment of statutory fees and costs incurred in the processing of the Amendment, which includes:

A fee of $22,000 for the Planning Panel hearing

A fee of $10,000 for our Expert Witness (Water Technology) at the Panel hearing

A fee of $462 for the Minister for Planning to consider the request to approve the amendment.

These costs were included in the 2016/17 and 2017/18 budgets.


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Attachments

Explanatory report.

Summary table of submissions


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2.4 46-50 & 54-56 HIGH STREET, 65 SHORT STREET AND 80 WATTLE STREET, BENDIGO - ASPIRE PRECINCT


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

Summary/Purpose

Application details: Use and development of land for a Place of Assembly (theatre, library learning centre, exhibition space, meeting space and hall) and food and drink premises, partial demolition of existing building and brick retaining wall, demolition of fences, waiver of parking, liquor licence, signage and alteration of access to a road in a Road Zone 1.

Application No: DU/250/2017

Applicant: Catholic Diocese Sandhurst

Land: 46-50 & 54-56 High Street & 65 Short Street Bendigo

Zoning: Commercial 1 Zone Special Use Zone 1 Road Zone 1

Overlays: Heritage Overlay 12 & 288 Parking Overlay 1 Design and Development Overlay 20

No. of objections: 7

Consultation meeting:

1 August 2017

Key considerations: Car parking

Heritage significance

Liquor licence

Amenity impacts

Conclusion: The application is recommended for approval on the basis that it represents an acceptable outcome with regards to the requirements of the Greater Bendigo Planning Scheme. The report considers the permit application and recommends that the Council issues a Notice of Decision to Grant a Planning Permit with appropriate conditions.


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Cr O’Rourke declared a conflict of interest (direct financial interest) in the Presentation and Managing Growth Report No. 2.4 (46-50 & 54-56 High Street, 65 Short Street and 80 Wattle Street, Bendigo- Aspire Precinct) as she is the Executive Director on the Aspire Cultural and Charitable Foundation. Cr O’Rourke left the meeting. In the absence of the Chair, Cr Alden, as Deputy Mayor, assumed the Chair.

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 for Use and development of land for a Place of Assembly (theatre, library learning centre, exhibition space, meeting space and hall) and food and drink premises, partial demolition of existing building and brick retaining wall, demolition of fences, waiver of parking, liquor licence, signage and alteration of access to a road in a Road Zone 1 at 46-50 and 54-56 High Street, 65 Short Street and 80 Wattle Street Bendigo subject to the conditions at the end of this report. MOTION Moved Cr Metcalf, Seconded Cr Flack. That Greater Bendigo City Council resolve to defer the report for consideration at the Ordinary Meeting on 13 December 2017.

CARRIED

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

The Mayor, Cr O’Rourke returned to the meeting and resumed the Chair.

Policy Context


Goal 4: Presentation and managing growth

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


Recognise and celebrate our unique history and diverse cultures.


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Report

Subject Site and Surrounds

The subject site comprises a number of parcels which form four properties known as 65 Short Street, 46-50 and 54-56 High Street and 80 Wattle Street, Bendigo, which together form the ‘Aspire Precinct’ site. No. 65 Short Street is occupied by a small parish hall featuring a slate roof, timber trusses and decorative cream brickwork. The parish hall is currently used for meetings and church functions and can cater for up to 80 patrons. 46-50 High Street, located on the corner of Short and High Streets, is developed with the former Haymes Paint shop, a single storey construction. 54-56 High Street was previously used as a car park in association with the paint shop. The above three properties are zoned Commercial 1 Zone and are affected by Heritage Overlay 12, Design and Development Overlay 20 and Parking Overlay 1. 80 Wattle Street contains the Sacred Heart Cathedral, which is zoned Special Use Zone 1 (Private Educational or Religious Institutions), and is affected by Heritage Overlay 288 and the Victorian Heritage Register (VHR) 1340, and Parking Overlay 1. There is a significant level difference of approximately 8 metres over the site, with the gradient gradually increasing from High Street towards the Sacred Heart Cathedral. High Street is an arterial road zoned Road Zone Category 1 and is managed by VicRoads. It has a speed limit of 60km/hour with two lanes of traffic in each direction, with kerbside parking. High Street also contains a tram line. The High and Short Streets intersection is signalised. Short Street, Wattle Street and Mackenzie Street are local streets which cater for one lane of traffic in each direction and angled and/or parallel parking.

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


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Proposal

The proposal involves the use and development of the site for the purpose of a place of assembly (theatre, library learning centre, exhibition space, meeting space and hall) and food and drink premises. The former paint shop building will be converted into a place of assembly which will comprise an immersive theatre, library learning centre, exhibition space and meeting space with associated office, retail space, storage and reception areas. It will feature a large geodesic dome structure on the roof. The existing parish hall will be modified and extended, with a new café, meeting room, foyer area, toilet facilities, lift and associated lobby, plant and waste storage area added. Proposed materials include bluestone tile cladding, composite sheet metal cladding to the geodesic dome and the corner of the building in colours to match the tones of the Cathedral’s stone palette, rendered finish in a neutral colour, glazing, metal screens. The proposal also involves extensive landscaping works which include the construction of a bluestone paved forecourt and new bluestone stairway to connect the site to the Sacred Heart Cathedral. (A small portion of the new staircase will be located on the Cathedral site, however no other works are proposed within this part of the site, known as 80 Wattle Street.) A timber pergola and shade sails will be constructed along part of the eastern side of the forecourt area. The works will involve the partial demolition of the existing parish hall by removing part of the northern and eastern walls, demolition of a timber deck and verandah and a toilet block to allow for the new extensions. The proposal also involves removal of sections of wall on the northern and western elevations of the former paint shop to create new openings and connections to the redeveloped parish hall. Partial demolition of a brick wall on the site’s Short Street boundary, and the demolition of another brick retaining wall and wire fence internal to the site are also proposed. There is a 5 metre level difference between the two buildings and some excavation will be required to install a lift and create a service area. Underpinning of the parish hall building will be required. The proposal also seeks approval for a waiver of parking, a liquor licence, signage and alteration of access to a road in a Road Zone 1. Signage comprises signs on the interpretive centre’s High and Short Street façades and a sign on the boundary wall on Short Street adjacent to the parish hall.


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Figure 2: Proposed demolition plan – lower level

Figure 3: Proposed demolition plan – upper level


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Figure 4: Proposed site layout plan and ‘red line’ licensed area

Figure 5: Proposed lower level floor plan


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Figure 6: Proposed upper level floor plan

Figure 7: Short Street elevation

Figure 8: Forecourt elevation


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Figure 9: North elevation

Figure 10: High Street elevation

Figure 11: Perspective image (High St)

Planning Controls - Greater Bendigo Planning Scheme

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


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Clause 11 Settlement

Clause 11.07 Regional Victoria

Clause 11.14 Loddon Mallee South

Clause 13.04-1 Noise abatement

Clause 13.03-1 Use of contaminated and potentially contaminated land

Clause 15.01-1 Urban design

Clause 15.01-2 Urban design principles

Clause 15.03 Heritage conservation

Clause 17 Economic development

Clause 17.01 Business

Clause 18.02-5 Car parking Municipal Strategic Statement

Clause 21.02 Key issues and influences

Clause 21.07 Economic development

Clause 21.08 Environment

Clause 21.09 Integrated transport and infrastructure Local Planning Policies

Clause 22.06 Heritage policy

Clause 22.08 Highway entrances and boulevards policy

Clause 22.27 Licensed premises policy

Clause 22.29 Advertising and signage policy Other Provisions

Clause 52.05 Advertising signs

Clause 52.06 Car parking

Clause 52.07 Loading and Unloading

Clause 52.27 Licensed premises

Clause 52.29 Land adjacent to a Road Zone Category 1, or a Public Acquisition Overlay for a Category 1 Road

A planning permit is required to use land for a place of assembly in the Commercial 1 Zone under Clause 34.04-1 of the Planning Scheme. Food and drink premises do not require a planning permit under this zone. Buildings and works require a permit under the Commercial Zone (Clause 34.04-4), Special Use Zone 1 (Clause 37.01-4), Design and Development Overlay (Clause 43.02-2) and Heritage Overlay (Clause 43.01-1). Demolition and advertising signs also require a planning permit under the Heritage Overlay, with signage also requiring a permit under the Advertising Sign Provisions at Clause 52.05. A waiver of car parking requires a permit under Clause 52.06-3 of the Car Parking provisions. A liquor licence requires a planning permit under Clause 52.27 (Licensed Premises). Alterations to an access on a road in a Road Zone 1 requires a permit under Clause 52.29 of the Planning Scheme.


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

Referral Comment

VicRoads No objection, subject to conditions.

Country Fire Authority No objection, no conditions requested.

Heritage Victoria No objection, no conditions requested.

Public Transport Victoria No objection, subject to conditions.

Department of Environment, Land, Water and Planning

No objection, subject to conditions.

Environment Protection Authority

No objection, subject to conditions

Traffic & Design No objection, subject to conditions.

Drainage No objection, no conditions requested.

Heritage Advisor No objection. Recommended some modifications to the proposal in relation to the proposed changes to boundary walls which will be required as a condition of permit.

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, 7 objections were received, with the grounds of objection being:

Concerns regarding the proposed waiver of 40 car spaces.

Parking in the area is already difficult due to on street parking being taken by CBD workers, employees, parents and students of the nearby school, visitors to the Cathedral and tourists.

Tourist buses and cars are already double parking outside the Cathedral because no parking is available.

There is insufficient on street parking available in the area. No on-site parking for the proposal will be detrimental to the amenity of the area and adversely impact on residential and commercial property owners.


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The proposal will lead to a loss of amenity for the residents in the surrounding area, who already have problems with people parking over driveways and no available on street spaces for residents, visitors, deliveries or tradespeople or the like to park on a daily basis.

Resident permit parking should be provided to address parking problems faced by residents in this area.

If the proposed development of the site is to be staged then provision should be made for parking on site in the overall plan.

Concerns regarding the traffic report, including the extent of the area surveyed and the period of time recorded, the likelihood of visitors to the site using alternative modes of transport, and the claim that the proposed café is unlikely to become a destination in its own right.

Concerns that the proposal will result in a significant increase in visitors to the site who will be more likely to travel by private car than other transport modes, and will therefore require car parking.

Request for independent parking survey to be carried out.

Concerns regarding the potential for increased traffic congestion and safety, and loss of any existing on street parking.

Crown land adjoining the site should be considered for off street parking.

Concerns regarding potential amenity impacts associated with the use and liquor licence, in particular hours of operation and increased activity near residential properties at night.

Clarification is sought on whether the parish hall is of heritage significance.

A consultation meeting was held with the applicant and objectors; however the objections were not resolved. The objections are discussed below.

Planning Assessment

Planning policy The following clauses of the State and Local Planning Policy Framework and Municipal Strategic Statement are the most relevant in the consideration of this application. Clause 11 (Settlement) states that planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. Planning is to recognise the need for, and as far as practicable contribute towards, amongst other considerations, economic viability, a high standard of urban design and amenity, energy efficiency and land use and transport integration. Planning is also to prevent environmental problems created by siting incompatible land uses close together. The proposal meets these objectives.


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Clause 11.07 (Regional Victoria) aims to develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable. Further to this, Clause 11.14 (Loddon Mallee South) identifies Bendigo as a regional city and strategies include supporting Bendigo as the major population and growth hub for the region, and facilitating increased commercial and residential densities, mixed use development and revitalisation projects for underutilised sites and land in Bendigo. This clause also seeks to strengthen and diversify the economy, with one of the strategies to achieve this being supporting and developing emerging and potential growth sectors, including tourism. The proposal will support the objectives of these policies by reusing existing buildings and making better use of underutilised land in urban Bendigo and supporting the tourism sector. Clause 13.03-1 (Use of contaminated and potentially contaminated land) has the objective of ensuring that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. Investigations undertaken by the applicant included a preliminary site assessment and soil testing, which determined that the site is suitable for the proposal, subject to appropriate remediation measures. Appropriate conditions will be placed on the permit to ensure these are implemented. Clause 13.04-1 (Noise abatement) seeks to assist the control of noise effects on sensitive land uses. Strategies to achieve this objective include ensuring that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area. The design of the development has taken into account measures to minimise noise emissions, through the careful location of plant and equipment. The main entrance to the site is via High Street and the boundary walls along Short Street will assist in minimising noise emissions from the expanded parish hall. Appropriate conditions will also be placed on the permit about requirements to comply with EPA requirements regarding noise. Clause 15.01-1 (Urban design) seeks to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Clause 15.01-2 (Urban design principles) aims to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The application provides an appropriate design response which has considered relevant urban design principles including context, the public realm, safety, landmarks, views and vistas, pedestrian spaces, heritage, energy and resource efficiency, architectural quality and landscape architecture.


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Clause 15.01-3 (Heritage conservation) seeks to ensure the conservation of places of heritage significance. Strategies to achieve this objective include encouraging appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations, retaining those elements that contribute to the importance of the heritage place, encouraging the conservation and restoration of contributory elements and supporting adaptive reuse of heritage buildings whose use has become redundant. Clause 17.01-1 (Business) aims to encourage development which meet the community’s needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. The site is appropriately zoned for a place of assembly of this nature. Clause 18.02-5 (Car parking) has an objective of ensuring an adequate supply of car parking that is appropriately designed and located. A waiver of car parking is sought as part of the application. A partial reduction is appropriate in this instance, in addition to a financial contribution in lieu of 14 spaces, to address the likely demand during business hours, when on street parking less likely to be available. In time, this contribution will provide for additional public parking within the CBD area, as discussed further below.

Clause 21.07 (Economic development) notes that Greater Bendigo is a key regional city and major population and economic growth hub for the Loddon Mallee South region. The proposal will make a positive contribution to the local economy and provide employment opportunities in the tourism, education and hospitality industries. Clause 21.09 (Integrated transport and infrastructure) refers to the principles of ITLUS (Connecting Greater Bendigo Integrated Transport and Land Use Strategy, 2015). One of the objectives of this clause is to increase the number of residents and visitors who walk or cycle, with a strategy to achieve this objective being to prioritise active transport over private vehicle use. The proposal encourages the use of alternative modes of transport through the provision of bicycle racks and shower facilities. Clause 22.06 (Heritage Policy) seeks to maintain and enhance the significance of heritage places while accommodating the needs of residents to adapt and develop such places. Objectives of the policy include retaining heritage assets for the enjoyment, education and experience of residents, visitors and future generations of the municipality, ensuring that new development is sympathetic with the appearance and character and maintains the significance of heritage places, including surrounding precincts, and encouraging the sympathetic re-use and adaptation of heritage places so that such places are maintained and enhanced. The proposal is consistent with these objectives. An assessment of the proposal against the policy is provided below.


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Clause 22.08 (Highway entrances and boulevards policy) recognises highways and other main roads located in Greater Bendigo as significant assets which provide for important transport opportunities and create an impression of the municipality. The proposal is consistent with the objectives and requirements of this policy in that the development is of an appropriate scale and design and will make a positive contribution to the High Street streetscape. The design recognises the heritage qualities of the precinct and adjoining Sacred Heart Cathedral. No new access points are proposed onto High Street, existing street trees will be maintained, and the site is suitably zoned for commercial use Clause 22.27 (Licensed Premises Policy) aims to manage licensed premises within the City of Greater Bendigo, including location, patron capacity and hours of operation to protect the amenity of surrounding areas and to reduce the incidence of anti-social behaviour and the subsequent impact on the amenity of the area. The proposal includes a liquor licence in association with the proposed café and parish hall. The parish hall will cater for functions of up to 120 patrons and it is anticipated that the café will have an area of 60 square metres. Outdoor areas used in conjunction with these parts of the site are also proposed to be included within the licensed area. The application generally meets the requirements of this policy. While the policy discourages licensed premises within 100 metres of a residential area, this site is located on the edge of the Bendigo CBD and is zoned Commercial 1 Zone. The proposed hours of operation are considered reasonable in this context. The site is located outside the identified Entertainment Precinct within the Bendigo CBD. The café will operate between 7.00am and 6.00pm. Hours of operation for the parish hall have not been specified, however the proposed licensed hours are 10.00am – 12.00am seven days a week, with the exception of Good Friday and ANZAC Day where the hours will be 12.00 noon to 12.00 am the following morning. The applicant has advised they intend to become a signatory to the Bendigo Liquor Accord.

The policy states that licensed premises are to provide car parking as required in accordance with the Clause 52.06 (Car Parking). No car parking is proposed in this case. It can be argued that there are many other examples of licensed premises which don’t provide for on-site car parking within the municipality. While on street parking in the surrounding streets is typically heavily utilised during business hours, sufficient on street parking is likely to be available outside business hours and on weekends to cater for the anticipated peak periods for the premises, when functions are likely to be held. Clause 22.29 contains the City’s Advertising and Signage Policy which seeks to protect the public amenity of the municipality from distracting and dominating signage and advertising, particularly in areas of high sensitivity including areas of heritage significance, neighbourhood character, and along City and township entrances. The proposed signage is consistent with the objectives and requirements of this policy. Use The proposal involves the use of the land for a place of assembly, which is defined as “land where people congregate for religious or cultural activities, entertainment, or meetings.”


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The proposal is generally compatible with the surrounding area, which comprises a mix of residential and commercial uses. The interpretive centre will operate 7 days a week, generally from 9.00am to 6.00pm. Evening sessions for special events or screenings may be held occasionally outside these times. As noted above, the parish hall will operate up to 12.00am at night and will be used for meetings, private functions and church events. The application has been assessed against the decision guidelines of the zone and is considered satisfactory. The zoning of the land allows for a range of commercial uses, including retail, office, business, entertainment and community uses. The site is well located close to the centre of Bendigo and can take advantage of existing infrastructure. No adverse traffic impacts have been raised by the City’s Engineers or VicRoads. Buildings and works/urban design The proposed buildings and works have been considered against the requirements of the Commercial 1 Zone and Design and Development Overlay 20 (DDO20). The scale, design and appearance of the development are appropriate to the site and surrounds. DDO12 relates to the High Street Boulevard (between Shamrock Street and Short Street). This overlay seeks to promote High Street as a key boulevard entrance and encourages higher scale, well designed development that promotes diversity in land uses fronting High Street, and lower scale development where commercial sites interface with residential properties, heritage buildings or provide protected views to the Central Deborah Poppet Head and Sacred Heart Cathedral. The overlay encourages active frontages along High Street and Short Street and car parking that has minimal impact on the streetscape, and protection of street trees. The site is located within an area where the preferred height for new development is 14 metres (medium scale) under the DDO20. The height of the proposed extensions to the parish hall will be in line with the existing eave height of the building, and the works to the former paint shop will essentially involve recladding the exterior, creating some new openings and installing the dome feature on the roof to a height of 13.1 metres. The proposal is slightly lower than the preferred height of 14 metres, however the proposed additions are relatively minor and will not dominate the streetscape or detract from views to the Cathedral. The proposed landscaping works, including the construction of the forecourt and staircase, will complement the development, improve the appearance of the site and make a positive contribution to the streetscape and provide pedestrian connections through the site. Bicycle parking is proposed adjacent to the outdoor dining area within the forecourt area, which will encourage visitors to the site to use alternative modes of transport. Provision has been made for service areas for storage, waste, plant and equipment. Deliveries can be accommodated within the existing driveway area adjacent to the Cathedral.


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The design of the development has taken environmentally sustainable development principles into account, including ventilation, double glazing, energy efficient lighting as well as the adaptive reuse of existing buildings. The proposal has maintained an active frontage to High Street as well as improved pedestrian connections from High Street to the Sacred Heart Cathedral. A detailed assessment of car parking demand and availability is provided below. Traffic impacts have been considered by the City’s Traffic Engineer and VicRoads who had no objection to the proposal subject to conditions, including that all existing unused access points on High Street be removed with nature strips, and kerb and channel reinstated, that all deliveries and waste collection are to the site via Short Street, and that any changes to on street parking on High Street will be subject to further plans and approval by VicRoads. It is recommended that a detailed landscaping plan, lighting plan, schedule of colours, materials and finishes and a Construction Management Plan be required to be submitted for approval as conditions of permit. A preliminary environmental investigation was undertaken for the site which found that there is some contamination present. The report recommended that the contaminated material be removed and disposed of. The EPA had no objection to the application, subject to conditions of permit requiring the preparation of a soil management plan, and disposal of any contaminated material in accordance with EPA guidelines. Car parking The main concern objectors have raised about the proposal is the waiver of parking and amenity impacts associated with increased on street parking, particularly in the surrounding residential streets. No on-site parking is proposed to be provided as part of the development. The objectors state that on-street parking within the streets adjoining the site is already at capacity and residents and their visitors have difficulty accessing on street spaces due to them usually being fully occupied by CBD workers during business hours. Some of the objections have called for resident parking permits to address this issue. Objectors also cited existing parking problems resulting from buses double parking within the vicinity of the Cathedral. Some of the objections also challenged assumptions made in the traffic report submitted with the application. Under the Planning Scheme, the proposal requires 40 spaces to be provided. The existing premises currently provides for 8 spaces within an informal car park. These spaces will be lost to facilitate the development on the site. A waiver of the total requirement for 40 spaces has been sought. The site is also affected by Schedule 1 to the Parking Overlay which seeks:

To provide car parking in the Bendigo City Centre that promotes a vibrant and efficient use of urban space, encourages sustainable transport options and reflects the conditions, opportunities and needs of the area.


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To provide future parking through a combination of on-site and off-site parking, with preference for the provision of off-site public parking facilities in strategic locations.

To provide for the collection of financial contributions to contribute to the construction of public car parking facilities. To implement sustainable transport initiatives which reduce demand for parking within the precinct.

The application has been assessed against the decision guidelines at Clause 52.06-7 (Car Parking provisions) and Clause 45.09-5 (Parking Overlay) of the Planning Scheme. A Traffic and Transport Impact Assessment was submitted as part of the application. It included a survey of car parking availability in the vicinity of the site and a car parking demand assessment for the proposal. The survey was undertaken on 9 and 10 December 2016 between 9.00am and 5.00pm. The survey recorded on and off street car parking availability within 400 metres walking distance of the site. A total of 1,420 on street car spaces and off street car spaces within public car parks were recorded within this area, with 723 spaces within the survey area being unrestricted on and off street spaces. The survey found that there was a vacancy of 241 spaces overall during the peak period, with 77 of these spaces being unrestricted spaces. As such, there is a relatively low vacancy rate of approximately 10% during peak periods, meaning that there is high demand for long term spaces within this locality, however by 5pm a minimum of 343 unrestricted spaces were available within the study area. The report stated that the use is expected to generate a demand for 14 spaces throughout the day, incorporating 6 staff (long term) and 8 visitor (short term) spaces. It further stated that when the parish hall is booked at capacity, this demand could be increased by a further 12 spaces. The assessment makes some assumptions that actual demand for spaces could be reduced based on patrons (visitors to the city) making a multi-purpose trip to the CBD area, and the likelihood of groups, e.g. tours or schools, and other visitors travelling to the site by bus or tram. As noted previously, line-marked on-street parking is available along High Street, Short Street, Mackenzie Street and Wattle Street. Some of these spaces are time restricted for short term parking. The City’s Parking Unit advised parking restrictions on Short Street immediately adjacent to the site could be reviewed once the use starts operating, with potential to change a number of currently unrestricted spaces to time restricted parking. The applicant has indicated they would be prepared to pay any necessary costs for new signage to achieve this, however this type of parking review sits outside the planning permit assessment process as it relates to Council’s parking policies, and should not be imposed as a condition of permit. Public transport is available to the site, with bus routes No.5 and No.64 operating along High Street, with stops near Short Street. As such, there is potential for patrons and staff to use public transport to access the site. The application also notes the tram line runs along High Street, with stops at Myrtle Street and View Street.


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In response to objectors' requests for resident parking permits, under the City’s current Resident Parking Permit Policy, permits are only issued where properties do not have off-street parking (ie. no driveway), have no reasonable opportunity to modify the property to provide parking and where directly adjacent on-street parking is time restricted. There would be very few residential properties in the vicinity of the site that would likely meet these criteria. It is noted that the Community Plan for 2017-2021 includes an action to review the Bendigo CBD Parking Strategy in 2018, which will include the Resident Parking Policy. There is no record of any previous contributions for the site made towards the provision of car parking facilities. Limited opportunity exists for parking within the site, without compromising the design of the proposal, and considering the topography of the land. The overall benefits of the proposal will outweigh the need to provide the full number of on-site spaces, and the current proposal will make more efficient use of the land. A number of bicycle racks are proposed to be provided on site, and the proposed new amenities will include shower facilities which could serve an end of trip need, if staff were to cycle to work. It is likely that there is sufficient on street capacity to cater for the peak demand generated by the use within a reasonable walking distance of the site. It is likely that the peak periods for the parish hall will be outside normal business hours, when there will be less take up of the on street parking by CBD workers and staff and parents associated with the nearby school. It is recognised that demand for unrestricted parking close to the CBD area is high and there is limited vacancy in the existing on street spaces. However, taking into account local policy which seeks to minimise reliance on private vehicles and promote alternative forms of transport, the location of the site on the edge of the CBD, the likely demand for car spaces, the availability and proximity of public transport the site, and the parking survey finding that there is a limited vacancy available within surrounding on street and public parking areas, it is considered that a partial reduction in the total number of spaces is appropriate in this case. As demand for on street spaces is high in this location, it is recommended that 14 car spaces should be offset by a payment-in-lieu. This is based on the lower end of the estimated demand generated by the use. A condition of permit will require payment of the full amount prior to the occupation of the development, or alternatively, payment via instalments, as per a Section 173 Agreement over a period of 5 years, commencing one year after the date the development is occupied. Over time, this contribution will be used towards providing additional public parking or parking solutions within the CBD area. Heritage The site forms part of Heritage Overlay 12 which relates to the Short Street Precinct identified within the Eaglehawk and Bendigo Heritage Study (1993). The Study notes that ‘this precinct contains some of Bendigo’s most prestigious private residences, typically grouped close to the city’s ecclesiastical buildings. It contains some of the first residential allotments sold in the township and some of the earliest church buildings and reserves.’


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Some of the objections received sought clarification on whether the parish hall building is of heritage significance. The buildings on the site have not been identified as being of individual significance. The former paint shop dates from the late 20th century and is not contributory to the precinct. The parish hall has a cream brick façade circa 1950s-60s but it has a slate roof, which suggests the building was constructed at an earlier date. The timber verandah and the toilet block which are proposed to be demolished appear to be later additions. The application has been assessed against the City’s Heritage Policy at Clause 22.06 of the Planning Scheme and the decision guidelines of the Heritage Overlay, and the proposed buildings and works are considered an appropriate outcome. The proposal was generally supported by the City’s Heritage Advisor, however it was recommended that some minor modifications to the proposal be made with regard to changes to the existing brick boundary wall. As noted previously, part of the existing cream brick boundary wall is proposed to be removed to create a pedestrian link to the site from Short Street, and a new section of wall is to be constructed. “The scheme to revitalise this important site is supported. The buildings themselves make little contribution to the precinct and all changes are supported except for rendering over the brickwork (for the boundary wall). The extensive cream brickwork is now over half a century old and has a patina and texture which complements and contributes to the precinct. The Statement of Significance specifically mentions “roadside detail in the form of planting and garden wall using brick and stone, and matching protrusions of natural stone often occurring at the street edge.” “A render is unlikely to age well or create the finely textured natural finish of a good brick wall. The section of wall to be demolished has interesting brick detailing to match the building, and a nicely aged coping. The change to the line of wall is not opposed, however the reuse of the existing materials is preferred to an entirely new short section of rendered wall. It would be preferable to retain a consistent wall material along Short Street and rebuild the new section of wall by reusing the cream bricks if possible and reinstating the coping and the decorative narrow brick pattern which provides a visual tie between the wall and the building.” The proposal meets the intent of the policy and Heritage Overlay. Much of the parish hall building will be retained and the proposed extensions will be clearly delineated as new additions to the site. The scale of the additions will maintain the prominence of the existing parish hall. The proposed signage is appropriate to the scale of the building, is appropriately located and will not be dominant within the streetscape. Overall, the proposal will not adversely affect the significance of the heritage place. The location, bulk, form and appearance of the proposed additions and the proposed materials are acceptable within the streetscape. The changes recommended for the boundary wall will be required as a condition of permit.


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Liquor licence Some concerns were raised by objectors about increased activity at night, uncertainty about the proposed hours of operation, concern about potential amenity impacts on residents in Short Street. The proposed licensed area will include the parish hall and extension, an outdoor paved area adjoining this, the proposed café and an outdoor area forming part of the proposed paved forecourt. The café will generally operate between 7.00am and 6.00pm. While the proposed changes to expand the parish hall to cater for up to 120 patrons are likely to result in some additional pedestrian and vehicle movements on Short Street, particularly during the evenings and on weekends, the proposed hours of operation are not excessive, do not exceed those recommended in the City’s policy and are considered reasonable given the context of the site and nature of the use. The parish hall is already used for meetings and church functions for both day time and evening events throughout the week and currently caters for up to 80 patrons. Alcohol consumption is likely to occur along with the serving of meals. Appropriate conditions are proposed on the permit to limit the hours in which alcohol can be served on the site and number of patrons able to be accommodated within the parish hall premises, and require music and noise levels to be in accordance with EPA requirements to ensure amenity impacts can be effectively managed.

Conclusion

Overall, the proposal will have positive economic and social impacts for the city and is a good planning outcome. The proposal presents an appropriate urban design for the site and will enable the effective reuse of existing buildings within central Bendigo, without adversely impacting on the Sacred Heart Cathedral, which is of State level heritage significance, or the wider heritage precinct. The use will support the local hospitality, tourism and education sectors and provide employment opportunities. A partial reduction in the number of car spaces required for the use is considered appropriate, in addition to a financial contribution in lieu of 14 cars spaces for the reasons outlined above. Appropriate conditions on the permit will ensure amenity impacts can be effectively managed. It is therefore recommended that Council support the proposal and issue a Notice of Decision to Grant a Permit, subject to conditions.

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. MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) The reuse of the existing materials and reinstatement of coping and

decorative narrow brick pattern in the reconstructed section of boundary wall and deletion of reference to rendered finish.

(b) The deletion of bollards on High Street, the removal of existing crossovers and the reinstatement of kerb and channel.

(c) Dimensions and areas of advertising signs (d) A lighting plan for any external lighting to be installed on the site.

2. PLANS NOT TO BE ALTERED The use permitted by this permit as described in the endorsed documents and shown in the endorsed plans must not be altered or modified (for any reason) except with the prior written consent of the responsible authority.

3. SERVICE OF ALCOHOL Except with the prior written consent of the responsible authority, the serving of liquor permitted by this permit may only occur between the following times:

Monday – Sunday between 10 am and 12am

Good Friday and Anzac Day between 12 noon and 12 am.

4. LIQUOR LICENCE DOCUMENT The applicant must provide (for Council records) an original copy of any new liquor licence within 1 month of issue by Liquor Licensing Victoria.

5. MAXIMUM PATRON NUMBERS No more than 120 patrons may be present on the Parish Hall premises at any one time without the written consent of the responsible authority.

6. CONTROL OF MUSIC NOISE Noise levels emanating from the premises must comply with the recommended levels as set out in the guidelines for the Control of Music Noise from Public Premises State Environment Protection Policy No. N-2 to the satisfaction of the responsible authority.

7. COMPLY WITH STATE NOISE POLICY N-1 Noise emissions must comply with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

8. AMENITY OF LOCALITY


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The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by means of noise emissions, and / or patron behaviour.

9. LOADING AND UNLOADING The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject land.

10. SCHEDULE OF MATERIALS Prior to the commencement of development a schedule of the proposed materials and colours to be used for the building, including samples, shall be submitted to and approved in writing by the responsible authority.

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

12. REFRIGERATION AND AIR CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the like must be suitably insulated to EPA standards for the purpose of reducing noise emissions and must be located so as to not be highly visible from the street to the satisfaction of the responsible authority.

13. PLANT, EQUIPMENT OR FEATURES ON ROOF No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building(s) without the written consent of the responsible authority.

14. LANDSCAPE PLAN Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) Details of surface finishes of paved areas and retaining walls (b) Planting schedule of all proposed trees including botanical names, common

names, pot sizes, sizes at maturity, and quantities of each plant All species selected must be to the satisfaction of the responsible authority.

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


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

17. GENERAL DRAINAGE The proposed building(s) and works must be drained to the satisfaction of the City of Greater Bendigo as the responsible drainage authority.

18. FINANCIAL CONTRIBUTION IN LIEU OF CAR SPACES Prior to the occupation of the development the applicant or owner must either: (a) Pay the City of Greater Bendigo the amount of $150,674.58 being payment-

in-lieu of providing 14 car spaces on site; or (b) Enter into a section 173 agreement to pay the amount of $150,674.58 being

payment-in-lieu of providing 14 car spaces by annual instalment, with the first payment to commence on the first anniversary of the completion of the development, and subsequent payments to be made over a period of 5 years.

19. VEHICLE CROSSING REMOVAL

All disused or redundant vehicle crossings must be removed and the area reinstated to kerb and channel to the satisfaction of the responsible authority.

20. CONSENT FOR WORK ON ROAD RESERVES A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Engineering Unit prior to any work commencing in the road reserve. The applicant must comply with: (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (c) Road Management (General) Regulations 2005 with respect to any requirements to notify the Coordinating Authority and/or seek consent from the Coordinating Authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this 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.

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

22. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of the development, a detailed construction and demolition management plan must be submitted to and be approved by the Responsible Authority. The construction management plan must include at a minimum the following items: (a) Proposed operating hours, noise and vibration controls (b) Dust management (c) Traffic management including loading and unloading provision for


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construction materials (d) Proposed parking provision and how this will be managed (e) Details of notification process for noisier related activities such as demolition

and excavation to affected neighbours. This should include giving as much notice as possible.

(f) Details of the extent of periods of noise activities and how they will be undertaken to minimise impact on nearby neighbours.

(g) Appointment of principal contact person on-site for community enquiries.

23. VICROADS The loading and unloading of goods associated with this development must be undertaken from Short Street. That is, the loading and unloading of goods is not permitted onto High Street.

24. VICROADS The collection of waste must be undertaken on the local road and not onto High Street.

25. VICROADS Prior to the commencement of any development within the subject land, a plan must be submitted and approved by the Roads Corporation showing the: (a) Removal of the three existing driveway laybacks on High Street (b) The reinstatement of the nature strip area on High Street; and (c) Any amended on-street parking and parking signs.

26. VICROADS Prior to the development hereby approved comes into use, all vehicular crossover removal and on-street parking works must be completed to the satisfaction of and at no cost to the Roads Corporation.

27. DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING (a) No access is permitted to the subject land via the Crown land. (b) Adjoining Crown land must not be used for truck turning areas, entry points,

parking areas or temporary stack sites during the construction of buildings or works.

(c) No polluted and/or sediment laden runoff is to be discharged directly or indirectly onto Crown land. Overland flows must be maintained at the same rate post-development as on the undeveloped land.

28. PUBLIC TRANSPORT VICTORIA

The permit holder must take all reasonable steps to ensure that disruption to bus operation along High Street is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen (14) days prior.

29. ENVIRONMENT PROTECTION AUTHORITY (a) A Soil Management Plan, taking into account the recommendations of the

Geotechnical and Preliminary Environmental Investigation prepared by GTS Geotechnical Testing Services dated September 2015, must be prepared and implemented.

(b) All soil is to be handled in accordance with EPA Publication IWRG621 Soil


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Hazard Categorisation and Management 2009 or as amended. (c) All industrial waste generated during construction must be managed in

accordance with EPA’s Industrial Waste Resource Guidelines 2009.

30. EXPIRY DATE This permit will expire if the development permitted by this permit is not completed and the use permitted by this permit is not commenced within 2 years from the date hereof or if the use is discontinued for a period of 2 years. The time within which the development must be completed and the use must commence may, on written request made before or within 6 months after the expiry of this permit where the development has not yet started or 12 months where the development has commenced, be extended by the responsible authority.


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2.5 BENDIGO FREIGHT STUDY


Author Katherine Wrzesinski Responsible Bernie O'Sullivan, Director Strategy and Growth Director

Purpose

To outline the results of the Bendigo Freight Study and to seek Council’s support to commence implementation of the Study recommendations.

Summary

The Bendigo Freight Study provides detailed information about who moves what, where how and why in Greater Bendigo. The Study was developed in consultation with academics, industry experts and local businesses. It was designed to gather primary qualitative and quantitative data by directly engaging with the key ‘players’ - that is businesses that generate freight (freight generators) and businesses that provide freight services (freight operators). This involved over 80, 1-on-1 interviews with company owners, senior executives and freight/ logistics staff and 252 on-line surveys. The Study recommendations are based on this empirical evidence and sets out steps to help make the freight network more efficient, safer, robust and responsive to innovation and change. The recommendations also provide guidance on how to improve the sustainability of the freight sector now and into the future and make the city safer, cleaner and more productive. The Study has been on public display for a period of four weeks and seven submissions have been received.


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RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Endorse the Study findings and recommendations.

2. Endorse the preparation of an action plan to prioritise the recommendations and facilitate implementation.

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

CARRIED UNANIMOUSLY

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Policy Context

Council Plan Reference: The Bendigo Freight Study was undertaken in line with Council Plan 2013-2017 Action 2.3.8 which required the city to: “Complete the Greater Bendigo Freight Study in collaboration with the State Government”. The Study recommendations align with the following Objectives of the Community Plan 2017-2021: Objective 1.5 “Take a leadership role in regional planning, advocacy and work in partnership with regional councils” Objective 2.2 “Promote positive wellbeing across the Greater Bendigo community” Objective 4.3 “Continue to implement strategies that increase the capacity of transport networks to better move people and goods and encourages walking, cycling and the use of public transport” Strategy Reference: Connecting Greater Bendigo: Integrated Transport & Land Use Strategy (ITLUS) recommended that the Bendigo Freight Study be undertaken as a short-term priority action. The ITLUS also includes numerous actions that align with the Freight Study recommendations, including but not limited to the following:


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“Improve designated freight route signage to ensure its legibility for heavy vehicle operators.” “Test the effectiveness of existing arrangements and the need for the introduction into the Greater Bendigo Planning Scheme of any new land use and development planning tools to protect designated freight routes from encroaching development, particularly in areas designated for residential growth.” “Upgrade the Howard Street and Midland Highway intersection to improve safety and manoeuvrability.” “Investigate options for improved north-western freight connections between Epsom and Marong including potential enhancements along over - dimensional Route 18.” “Explore the establishment of freight hubs on the periphery of urban Bendigo, as part of the Bendigo Freight Study, to support the freight industry and to minimise the impact of freight operations on the city’s liveability with initial consideration being given to sites at Big Hill and Marong Business Park.” Regional Strategic Plan Reference: The Study recommendations align with the Loddon Campaspe Integrated Transport Strategy (2015) Goal S1.1. “Develop and maintain an efficient freight network that is fit for purpose and meets regional business needs through removing barriers; addressing last mile needs and protecting networks.” Action S1.1.3 is identified as a top 10 priority and reads as follows: “Undertake a regional wide freight hub study to identify and protect possible potential future road and rail freight hubs and access networks”


Previous Council Decision Dates: On 26 August 2015 Council adopted Connecting Greater Bendigo: Integrated Transport & Land Use Strategy (ITLUS) which sets out undertaking the Bendigo Freight Study as a short term priority action. The international context Every day, the food we eat, the clothes we wear, the materials we use to build our homes and make products that are consumed locally and elsewhere, are transported to, within and from Greater Bendigo. The 'freight issue' cannot be separated from the City’s liveability, the local economy and environmental sustainability. In simple terms, it comes down to people of Greater Bendigo wanting to buy and produce goods; goods which need to be transported on the City’s roads and, potentially, the railway network and by air. Everyone, in some way, contributes towards the fast growing freight task, which in Australia, has quadrupled in the last four decades.


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The freight task is diverse, including raw materials, manufactured items, processed goods, large loads and small parcels. It is expected that goods are delivered on demand and without delay. The size of the freight task is not only determined by our growing population: it is the result of people buying substantially more now than they did a generation ago. The current trend is well and truly in line with the projected forecasts of the freight task doubling in size between 2010 and 2030. That means more trucks and vans on our roads impacting on the City’s amenity, neighbourhood safety and the natural environment. For the business sector it means impacts on productivity caused by congestion and the transport, communication and other infrastructure failing to keep pace with the growing demand. This challenge is not exclusive to Greater Bendigo. In Toronto, Canada, the freight challenge has been described as follows (Moving the Economy 2004): "The overarching challenge is sheer diversity and complexity, eluding silver bullet solutions and requiring thoughtful, whole systems thinking and some major collaborative effort across just about every sector. While having been traditionally left to market forces and the private sector alone to ‘make it work’ there is an emerging realization of a very important public sector role for supporting coordinated, efficient, sustainable urban goods movement in Canadian cities.” Although extremely complex, the freight issue needs to be addressed because of:

The impacts associated with the current culture of hyper-consumerism;

The need to support local businesses that are struggling to remain competitive in a globalised economy; and

The need to mitigate the effects of climate change, which not only have environmental implications, but which can hinder or halt the movement of freight by compromising critical infrastructure.

The regional context The movement of freight extends well beyond municipal boundaries. Regional, interstate and international factors are at play. However, a 2016 AusRoads report found that there is “…a chronic lack of data and fundamental knowledge about how the [freight] system works” in Australia and New Zealand; and that “The lack of research means that there is no accepted body of knowledge to help policy makers decide how best to tackle freight issues…”. The Bendigo Freight Study was designed to gather primary quantitative and qualitative data to provide evidence that can assist policy, new investment and infrastructure maintenance decisions. The Study provides a fine grain analysis of the freight system at a municipal level, with the capacity to inform regional policy responses. It positions Bendigo at the forefront of informed network planning and strategic investment.


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The local context The key issue that generated negative press and heated public debate during the development of the Connecting Greater Bendigo: Integrated Transport & Land Use Strategy (ITLUS) was the issue of freight; i.e. trucks having an impact on residential amenity. ITLUS tackled this debate by engaging with both the residential and business community. The scope of the project however, did not allow for a thorough empirical analysis of the issues and opportunities at hand. As such the ITLUS recommended a detailed study to be pursued as a short-term priority. There are emerging resident and business community objectives that are likely to have an impact on the way freight moves within Greater Bendigo and the region which include:

Desire to improve the safety and amenity of walking, cycling and public transport within Bendigo CBD and to minimise the impact of freight movement on the residential areas.

Desire to improve the freight and logistic sector’s productivity and to maximise investment opportunities.

Desire to strengthen the economy and to create jobs.

Increasing use of technology to assist in moving freight more efficiently and sustainably.

Council’s strategic and operational response to the Study findings is therefore highly anticipated by the relevant stakeholders, namely:

The local community who voiced their concerns in response to the Draft Bendigo Transport Strategy and during the ITLUS consultation process, about the impact of the expanding freight task on residential amenity.

Leading businesses in the freight and logistics sector that were involved in the ITLUS process and advocated for the Freight Study to be undertaken.

Transport and land use government departments and agencies responsible for timely and evidence based planning and infrastructure investment.

Report

The Bendigo Freight Study Final Draft Report (https://arcg.is/nuHWm) is a culmination of work undertaken to address gaps in our understanding of the Greater Bendigo freight task and associated productivity and amenity issues. The Draft Report details the process and result of quantitative and qualitative research designed to assist Council make evidence based policy, new investment and infrastructure maintenance decisions. Completion of the Bendigo Freight Study places the City in a unique position to plan for and undertake actions that deliver positive benefits for the economy, the environment and the community as the Study is believed to be the first of its kind in Australia. It sets a benchmark for an evidence based response to the freight issue.


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Study methodology The current fiscal environment demands empirically sound evidence to guide government investment and policy decisions. To that effect, the Bendigo Freight Study methodology was developed in collaboration with prominent academics, independent experts and local businesses. It centres on engagement with the key ‘players’ that is businesses that generate freight (freight generators) and businesses that provide freight services (freight operators). The Study findings arise from the following research activities:

Desktop analysis to identify best practice and trends in the transport and logistics sector.

Site visits to four freight related facilities to explore 'fit for purpose' solutions for Greater Bendigo that address industry needs and the needs of the City's growing population over time.

Heavy vehicle driver interviews to learn about freight that is moved through Marong and the driver experience of moving freight in Greater Bendigo more generally.

Heavy vehicle counts at three locations with access to regional and interstate routes, namely: Marong, Heathcote and Huntly (near the Bendigo Livestock Exchange).

‘Truck tours’ of the Greater Bendigo routes involving senior City and VicRoads staff responsible for strategic planning and infrastructure decisions.

Geo-mapping, on-line surveys designed to engage with the respondents in an innovative way; and to collect and analyse large volumes of data.

1-on1 interviews with all of the freight operators that took part in the Study and freight generators known to have complex operations and which generate significant freight movements.

An industry Roundtable Session which helped verify the Study findings with representatives of the local freight operators and freight generators, senior City and VicRoads staff and CoGB Councillors.

Latest information technology was used to gather, analyse and share/communicate the Study findings. This includes:

A geo-mapping electronic survey instrument which produces ‘base data’ ready to be cross-tabulated against other data sets and across a variety of platforms thus offering unprecedented depth and breadth of analysis opportunities.

Go-Pro dash-board video camera was used to capture real life images of what heavy vehicle drivers encounter on Greater Bendigo’s road network.

The Final Draft Report is presented in an innovative on-line format which allows for complex data and large volumes of information to be viewed in a graphic format; is fully interactive, allowing the reader to choose the level of detail they wish to explore.

Ultimately, the Study aims to harness the power of new technology for ‘on-the-ground’ efficiency and amenity improvements, such as using sensors and mobile based devices to improve loading bay access and management in the CBD.

The research work outlined above establishes a sound basis for ongoing collaboration with the business sector and puts Greater Bendigo at the forefront of informed network planning and strategic investment.


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Key Study findings and associated recommendations The Study’s Final Draft Report outlines what is carried into and out of Greater Bendigo; how and when it is carried; and along which routes it is carried. The Draft Report offers a 'real life' insight into which routes are being used to carry what types of vehicles and why these routes are chosen by the Freight Operators. The 252 businesses that took part in the Study alone account for 172,468 freight vehicle movements per month across Greater Bendigo. Of the businesses involved 44 were freight operators, representing 32 percent of companies with business sites in Greater Bendigo (a total of 138). This large industry sample represents a wide spectrum of 'business types', that is the types of freight they specialise in carrying - from 'sensitive freight' through to livestock, agricultural product, general freight and waste; as well as the scale of their operations - sole operators, to companies that employ upwards of 100 staff. The 208 freight generator responses provide a unique insight into the freight task of Greater Bendigo companies across all sectors, including: processing and manufacturing, hospitality, agricultural sector, education, professional services, health, mining, warehousing, wholesale and retail. The ITLUS referred to anecdotal evidence of Bendigo being an active ‘hub’ of freight activity. The freight operator responses confirmed that freight is being aggregated and disaggregated in Bendigo. The survey results also indicate that there is a volume of freight that is on-forwarded via Bendigo (54% of surveyed freight operators on-forward freight). This means that freight is moved through Bendigo which originates and is destined for locations outside of the municipality. Interestingly, there are two groupings or ‘clusters’ of freight operators within urban Bendigo that undertake both of these activities (in Golden Gully and East Bendigo). Some of the East Bendigo operators stated that their business location does not meet their current operational needs - "site is too small" was noted as the most common reason for their dissatisfaction with their current business location. 86% of these businesses would be looking to relocate to a site within Bendigo. Reference was made by a number of freight operators to the proposed Marong Business Park as a site of interest for future activities. The Study identifies a number of last kilometre, site specific and city wide issues and opportunities; and explores various improvements that would make freight operations more productive and/or efficient for the Study respondents. These inform the Study recommendations which are grouped under four themes: “Evidence”, “Integrated Planning”, “Collaboration”, “Innovation” and are outlined in the table below.

THEME 1 - EVIDENCE

Key finding Recommendation

Poor intersection design and insufficient road width were found to be the most common efficiency inhibitors and safety issues, particularly in urban Bendigo.

1.1 Secure an 'infrastructure improvement pipeline: seek funding to tackle identified site specific issues in a timely manner.


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THEME 1 - EVIDENCE


They require a network wide solution.

Sailors Gully/Bendigo-Pyramid Road intersection,

Eaglehawk North;

Howard Street/Midland Hwy intersection, Epsom;

Hattam/Allingham Street intersection, Golden Square

to be treated as highest priority. LISTED AS HIGH PRIORITY

The designated road network connecting Midland Hwy, north of Epsom, with Marong, particularly through Epsom and Eaglehawk is a major efficiency inhibitor and poses serious safety issues. Poor flow of movement along the route impacts on fuel consumption, wear and tear, noise and air pollution.

1.2 Improve north-west connections: Investigate options for a protected freight corridor between Marong and Epsom, including alternative connections to the Bendigo Livestock Exchange, to improve freight efficiency and enhance the safety and amenity of residential areas. LISTED AS HIGH PRIORITY

Poor freight route signage, particularly for B-doubles contributes to drivers getting lost, accessing restricted areas and results in longer journey times. Signs are poorly positioned and key connections are not sufficiently signed.

1.3 Improve freight route signage: work with VicRoads to review the signage design and placement policy.

Due to lack of designated facilities, informal trailer exchanges and heavy vehicle parking/storage occurs across urban Bendigo including in residential areas and along main roads. Often, there is insufficient space to safely accommodate large vehicles; there is no 'load security'; and this activity impacts on amenity and safety.

1.4 Provide secure heavy vehicle parking and trailer exchange/storage facilities: identify best locations, including urban Bendigo, and undertake a progressive roll-out of these facilities. LISTED AS HIGH PRIORITY

The Study identified connectivity limitations in the designated B-double route network. Freight Operators access B-double restricted areas in order to reach their destinations in a timely manner and choose road connections that are easiest to manoeuvre.

1.5 Address gaps in the B-double accessible network: Examine options for improving network continuity for B-doubles. Consider inclusion of Strickland Road (between Nolan St and Murphy St) as a priority.


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THEME 2 – INTEGRATED PLANNING


ITLUS integrates the City's policy and activities relating to land use and transport, including the movement of freight, in one overarching, strategic document. The Bendigo Freight Study has confirmed ITLUS recommendations as empirically sound

2.1 Implement ITLUS: continue progressive implementation of recommendations relating to the freight task.

Australian Standing Council on Transport and Infrastructure has identified long term precinct and corridor protection as one of the most significant issues requiring government's urgent attention. This need has been confirmed by the Study participants who saw protection of freight routes from encroaching development as a key improvement that would make their operations more productive and/or efficient.

2.2 Protect freight routes from encroaching development: Develop a city wide freight corridor and precinct plan to take Greater Bendigo and its growing freight task into the future. LISTED AS HIGH PRIORITY

The Study results suggest that there is demand for facilities that address: driver fatigue/lack of rest stops in urban Bendigo; secure vehicle parking/trailer exchange; and grouping of like and ancillary businesses and facilities in strategically positioned location. 'Freight terminals', 'freight hubs' and 'freight clusters/consolidation centres' can serve all or some of this demand.

2.3 Consider a ‘freight terminal’, 'freight hub' or ’freight cluster/consolidation centre’ solution: Investigate the costs, benefits and potential locations of 'fit for purpose' solutions for Greater Bendigo that address industry needs and the needs of the City's growing population over time.

THEME 3- COLLABORATION


The Study engagement process was met with great enthusiasm from the business community. A number of them expressed an interest in being involved in a collaborative group if one was to be set up in the future. Such a group could provide informed advice as a 'strategic think tank' or a 'reference group' on specific freight related projects; it could help pilot innovative solutions and test new technology; or it could identify opportunities to attract and retain skilled

3.1. Build on expressed interest in joining a collaborative group: Discuss details of such group's purpose and make up in consultation with the business sector and other relevant stakeholders.


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THEME 3- COLLABORATION


workforce that meets the needs of the changing freight and logistics sector.

There appears to be a disconnect between the community's growing demand for consumables and understanding of the freight task that is required to meet this demand. The freight sector suffers from poor industry profile as a result of this, as well as the result of past history of poor practice. That has direct impact on growing driver shortage and public's opposition to freight vehicles accessing urban areas.

3.2 Lift industry profile: work with the industry to shift public perception of the freight sector towards one which is seen as serving the local community, making a significant contribution to the economy and which seeks to minimise negative impacts.

Road safety is the standout issue identified by the Study. Freight Operators were the most vocal advocates of giving this issue urgent attention. They stressed the need to tackle road safety associated with the movement of freight through education as well as through infrastructure improvements

3.3 Address road safety issues through education: Explore collaborative solutions for an education campaign with freight industry, the government and responsible authorities. LISTED AS HIGH PRIORITY

Higher Mass Limit (HML) vehicles offer efficiency improvements sought by Freight Generators which Freight Operators seek to accommodate. HML vehicles do however raise safety and infrastructure investment issues. A balanced solution is needed to ensure local business remains competitive and the city's liveability is not seriously compromised.

3.4 Plan for growing demand for HML vehicles: Work with industry when considering HML vehicle access in a timely and balanced manner.

THEME 4 - INNOVATION


Recent years have seen unprecedented technological advances, which will have an impact on the movement of freight. Several issues identified in the Study can potentially be addressed with the use of new technology. The issue of loading zone availability and accessibility, raised by both Freight Operators and Freight Generators alike, lends itself to applying new, innovative

4.1Trial the use of new technology to provide flexibility and improved usage of loading zones: Pilot the use of, for example, 'smart sensors' and mobile based devices to ensure more efficient and safe delivery of goods to the city’s CBD.


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THEME 4 - INNOVATION


solutions.

Standard mobile phone GPS takes drivers on the most direct route, not necessarily a designated route. There are a number of websites and mobile phone applications designed to alert Freight Operators about the changing conditions, but there is not one, easy to use source of 'real time' route and facilities information. The Study participants identified a mobile phone application as an efficiency and productivity improvement. It would also improve the quality of their working life.

4.2 Explore opportunities to develop a 'travel options app' for Freight Operators: this refers to a mobile phone application, that combines available 'real time', road conditions and emergency information, with location and availability of facilities, such as toilets and heavy vehicle parking.

Study participants identified 'waste' as a major issue, as well as an untapped economic opportunity. Freight Generators employ various solutions to deal with waste, for example, having contracts with local farmers to reduce the amount of organic waste going to landfill. Due to enormity of the problem however, they look to government to help address it.

4.3 Take action on commercial and industrial waste: explore innovative solutions to reduce the amount of organic and recyclable waste going to landfill, reduce vehicle volumes and emissions associated with waste removal. LISTED AS HIGH PRIORITY

Priority/Importance: A safe, clean and efficient freight system is central to the future prosperity and liveability of Greater Bendigo and the region. Stepping up activities relating to the following recommendations should be afforded priority consideration:

1.1 Secure an 'infrastructure improvement pipeline

1.2 Improve north-west connections

1.4 Provide secure heavy vehicle parking and trailer exchange/storage facilities

2.2 Protect freight routes from encroaching development

2.3 Consider a ‘freight terminal’, 'freight hub' or ’freight cluster/consolidation centre’ solution

3.3 Address road safety issues through education

3.4 Plan for growing demand for HML vehicles

4.1 Trial the use of new technology to provide flexibility and improved usage of loading zones

4.3 Take action on commercial and industrial waste


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Options/Alternatives: Preliminary discussions are being held with a range of internal and external stakeholders to explore various approaches and funding opportunities to address some of the recommendations, including:

Responding to Recommendation 1.1 “Secure an 'infrastructure improvement pipeline” by holding discussions and providing the results of the Study to VicRoads as evidence needed to make a case for funding.

Responding to Recommendation 1.2 “Improve north-west connections” by liaising with VicRoads and other relevant authorities on pending recommendations of the Marong Township Structure Plan.

Responding to Recommendation 1.4 “Provide secure heavy vehicle parking and trailer exchange/storage facilities” by planning to commence initial work to identify potential locations.

Responding to Recommendation 2.2. “Protect freight routes from encroaching development” by looking to capture the strategic objective of this recommendation in the Municipal Strategic Statement as part of the upcoming CoGB Planning Scheme Review.

Responding to Recommendation 2.3 “Consider a ‘freight terminal’, 'freight hub' or ’freight cluster/consolidation centre’ solution” by securing State Government Transport Investing in Regions funding to undertake a regional Study.

Responding to Recommendation 3.2 “Lift industry profile” by collaborating with the National Heavy Vehicle Regulator (NHVR) to hold an industry forum in Greater Bendigo.

Responding to Recommendation 3.3 “Address road safety issues through education” by seeking funding under the Heavy Vehicle Safety Initiative 2017-2018 program.

Responding to Recommendation 3.4 “Plan for growing demand for HML vehicles” by liaising with the NHVR to streamline some of the repeatedly renewed vehicle access permits by considering some strategic routes for gazettal.

Responding to Recommendation 4.1 ”Trial the use of new technology to provide flexibility and improved usage of loading zones” (a Smart City initiative), by piloting the use of 'smart sensors' and mobile based devices that are currently being tested on a number of CoGB parking facilities.

4.3 “Take action on commercial and industrial waste” by progressing the City’s Waste Resource Management Strategy 2014-2019 through collaboration with the Loddon Mallee Resource Recovery Group on their proposed Regional Organic Strategy and Alternative Waste Technology Strategy.

Risk Analysis: Council response to numerous freight related issues and opportunities outlined in the Study’s Final Draft Report has been anticipated since the heated public debate that ensued upon the release of the now superseded (by ITLUS) Draft Bendigo Road Transport Strategy (2011). Failure to commit resources in the immediate future to take active steps to address them could be met with public dissatisfaction. Loss of momentum, stakeholder networks, specialist knowledge and skills built during the Study development by internal staff could also have an adverse impact on implementation, including missed opportunities for external funding.


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The development of the Study methodology and the process of data gathering involved a highly collaborative process and relied on intense stakeholder engagement. This approach was also applied to seeking feedback on the Study’s Final Draft Report. It should be noted that the undertaking of the Freight Study has been met with a great response and enthusiasm from the local Freight Operators and many larger Freight Generators who saw it as their first opportunity to constructively advise Council on matters relating to freight and associated issues and opportunities. Internal Consultation: Input from internal staff from the following Council departments was sought at various stages of the Study development:

Parking

Engineering

Waste Services

Communications

Statutory Planning Much of the work captured in the Study recommendations will need to be delivered by these departments in collaboration with external bodies. External Consultation: The Bendigo Freight Study findings are based on information gathered through engagement with heavy vehicle drivers; 252 local businesses, including approximately 80 1-on-1 interviews; discussions with various government and business representatives undertaken during site visits to four freight related facilities; and the input of technical and industry experts. In July 2017, an industry Roundtable Session was held to verify the emerging Study findings with representatives of the local Freight Operators and Freight Generators, senior Council and VicRoads staff and CoGB Councillors. The Final Draft Report and associated Community Bulletin (Attachment 1) were distributed to approximately 1,000 stakeholders including:

Businesses registered on Council’s database.

Study participants.

ITLUS Final Draft submitters who voiced concerns about heavy vehicles impacting on residential amenity.

Relevant government departments and agencies and industry associations. Release of the Final Draft Report was advertised in the local print media and was promoted on social media. Overall, the Final Draft Report was well received.


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A number of local businesses choose to provide verbal feedback via the phone. A total of 7 written submissions were received. Their content and proposed response are outlined in Summary of Submissions and Responses (Attachment 2). Representatives of VicRoads, Department of Economic Development, Jobs, Transport and Resources, and Regional Victoria were also consulted at various stages of the Study development. Advice was sought from leading researchers at La Trobe University, Melbourne University, the National Transport Commission and the Australian Bureau of Statistics. Organisations such as the National Heavy Vehicle Regulator, the Livestock & Rural Transporters Association of Victoria Inc., and Bureau of Infrastructure, Transport and Regional Economics have expressed a keen interest in the Study and also provided valuable input.


The Study provides long awaited empirical evidence. The recommendations largely confirm issues and opportunities voiced by both the city’s residents and the business community for many years. As such, some resource streams and implementation mechanisms are already in place and some work is currently underway that responds to the Study recommendations outlined in the Final Draft Report. The Study findings can now be used to prioritise specific projects under the city’s Capital Works Program and Operational Budget. A number of Study recommendations require new resourcing. Given the current constrained fiscal environment these will need to be sought from external sources. The Study now provides the evidence required by many State and Federal government departments and agencies to support such funding bids. It is recommended that these external funding opportunities be actively pursued to step up implementation of Study recommendations while the data is current and valid. In the absence of a dedicated ‘Funding Grants Officer’ this work would largely need to be undertaken by the Regional Sustainable Development (RSD) staff in collaboration with other relevant Council departments. A number of Study recommendations relate to activities and projects that are the responsibility of other levels of government and agencies. It is recommended that Council, with the RSD Unit taking the lead responsibility, advocate for these recommendations to be pursued as improvements that have both local and regional benefits. Budget Allocation in the Current Financial Year: $60,000 Previous Council Support: Initial Study costs were funded by re-allocated monies in the 2016/17 Operational Budget of the former Economic Development Unit.


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External Funding Sources: $25,000 has been provided by State Government under the Transport Investing in Regions fund to undertake work that aligns with Recommendation 2.3. “Consider a ‘freight terminal’, 'freight hub' or ’freight cluster/consolidation centre’ solution: Investigate the costs, benefits and potential locations of 'fit for purpose' solutions for Greater Bendigo that address industry needs and the needs of the City's growing population over time.” Council agreed to match this contribution in kind, dollar for dollar. This work is due to be completed by 30 June 2018. The Bendigo Freight Study provides empirical evidence that can be used to make a strong case in applying for a number of external funding sources, including Local Roads to Market, Agriculture Victoria; and Heavy Vehicle Safety Initiative 2017-2018, National Heavy Vehicle Regulator.

Any known or anticipated variance to budget: Noting that the implementation of Study recommendations requires a resource commitment, an amount of $30,000 is required to deliver outcomes over and above the existing budget. Projected costs for future financial years: Council will be provided with advice on projected costs over forward years, when available. Any ongoing recurrent expenditure required: The Study involved piloting a new format, online analysis and reporting tool called ArcGIS Online and ArcGIS Desktop (an ESRI product). It was chosen because VicRoads and other government agencies and departments utilise ESRI based data storage and analysis systems. This allows for easy big data transfer and cross tabulation. It was also chosen because it enabled internal staff, rather than consultants, to undertake Study data analysis and production of full report. This tool requires an on-going annual license to the value of $2,277 (incl GST).

Attachments

1. Bendigo Freight Study Community Bulletin 2. Summary of Submissions and Responses

Wellbeing and Fairness - Reports Ordinary Meeting - 15 November 2017

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3. WELLBEING AND FAIRNESS

3.1 BENDIGO CLUB GAMING APPLICATION


Author/ Responsible Vicky Mason, Director Health and Wellbeing Director

Summary / Purpose

The purpose of this report is to seek Council endorsement of a submission forwarded to the Victorian Commission for Gambling and Liquor Regulation (VCGLR) on Friday 27 October 2017 opposing an application from the Bendigo Club to increase the number of Electronic Gaming Machines (EGMs) at its venue from 44 to 60. The report provides a review of the social and economic impact of the application and finds that overall the impact on the local community and Greater Bendigo overall will be negative.

RECOMMENDATION

That the Greater Bendigo City Council endorse the economic and social impact submission lodged with the VCGLR on the 27 October 2017, advising the VCGLR that the overall social and economic impact of the proposed application by the Bendigo Club for an increase in the number of EGMS at the premises from 44 to 60 is detrimental and therefore is not supported. RESOLUTION Moved Cr Alden, Seconded Cr Wrigglesworth. That the recommendation be adopted.

CARRIED

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Policy Context

Local Government Act The primary objective of a Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions.


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Public Health and Wellbeing Act Local government has a responsibility to protect, improve and promote public health and wellbeing within their municipality. Community Plan 2017-2021 Reference: Strategic Objectives:

Goal 2: Wellbeing and fairness

2.1 – Create a much healthier Greater Bendigo

2.1.2 – Update Council’s Gaming Policy. Greater Bendigo Health and Wellbeing Plan 2017- 2021 The goals within the Plan are focused on ensuring the Greater Bendigo community is:

Healthy and well

Safe and secure

Able to participate

Connected to culture and community

Liveable

This is achieved through actions to change policy, improve neighbourhoods and environments, support community action and influence cultural and individual behaviour change. City of Greater Bendigo Gaming Policy Adopted by Council on 5 December 2007, the Gaming Policy Framework – “Accessible but Not Convenient” (the Policy) was based on evidence that the best way to manage EGMs is for them to be located in venues which are “Accessible but not Convenient”. The Policy utilises the approach of ‘destination gaming’ (where a conscious decision to attend a gaming venue must be made) to reduce the negative impacts of gaming. Given that gaming is recognised in legislation as a legitimate form of recreation, the Policy aims to minimise the negative effects of gaming by acknowledging that some Greater Bendigo communities are particularly vulnerable to the potential negative impacts of gaming. It does not attempt to discourage gaming machines in areas that genuinely have the capacity to accommodate them. In summary, the Policy recommends that Council considers gaming venues as part of the overall entertainment and recreation offer in Greater Bendigo, and inter alia takes into account five decision guidelines for considering applications for new gaming machines or new premises for gaming: 1. Whether there is a net community benefit to be derived from the application 2. Whether the proposal is likely to increase the social disadvantage of an area. 3. Whether the location of the gaming machines or gaming premises will facilitate or

discourage convenience gambling. 4. Whether the venue is accessible for a variety of transport modes.


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5. Whether residents will have a choice of gaming and non-gaming recreation venues in the local area.

This Policy is also incorporated into the Greater Bendigo Planning Scheme through a Local Planning Policy, which is applied to assessment of Planning Applications for Electronic Gaming Machine venues and expansions. An action identified in the Community Plan 2017 – 2021 is to update the current policy position of Council with regard to gaming.


On 17 August 2017 Council was notified that the Bendigo Club submitted an application to the VCGLR to increase the number of EGMs at their venue from 44 to 60. The Bendigo Club is owned by the Kilmore Racing Club who took over the organisation on 27 May 2016 following the club going into Administration. Under the Gambling Regulation Act 2003 responsible authorities can make submissions in respect of applications to the VCGLR for new premises applications or applications to amendments to venue operators' licences i.e. to vary the number of gaming machines for an approved venue. Councils must advise the VCGLR of their intention to lodge an economic and social impact submission within 37 days of being notified of an application to the VCGLR. It must then lodge this submission within 60 days of being notified of this application to the VCGLR. Consequently Council Officer sought advice from Councillors with regard to preparing a submission. This was supported to be prepared internally. A final submission was lodged with the VCGLR on the 27 October 2017.

Report

Council Officers have prepared a social and economic impact assessment of the proposed increase in EGMs at the Bendigo Club that finds that the overall impact on the wellbeing of the community of the City of Greater Bendigo and the local community within which the proposal is located will likely to be negative. The preparation of the social and economic impact assessment involved the following tasks: a. Review of relevant documentation accompanying the application:

City of Greater Bendigo Gaming Policy Framework – ‘’Accessible but not Convenient’’, October 2007, Coomes Consulting Group

Application to modify a gaming area in a machine approved venue.

Application to increase the number of EGMs at a venue

Social and Economic Assessment – Urbis

Progressive Venue Services (PVS) Expenditure Report – Michael Clyne

BT Murphy witness Statement

AE McMahon witness statement. b. Review of relevant clauses of Greater Bendigo Planning Scheme c. Review of relevant data sourced from the VCGLR, i.d consulting, Department of

Health and Human Services, and ABS Census of Population and Housing, 2011


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The findings of the assessment are summarised below with a full explanation in Attachment 1: Economic Benefits

The additional income stated is not clear with consultants suggesting from $0 - $835,744.

The application suggests an increased contribution to the community of $8,000 if the 16 EGMs are granted.

The Bendigo Club proposes infrastructure investment of $477,750; however $143,890 of the works is either currently under construction or being purchased. This investment is considered to have a greater benefit for the applicant than the community.

Economics Disbenefits

Additional expenditure created by the new EGMs will lead to increased harm from gambling across the City

Diversion of trade from other gaming venues – The PVS report suggests that $835,000 additional funds will be lost in the venue with an 80% transfer rate. There is little evidence that such a high transfer rate occurs in reality. Research indicates that there are a number of examples where “top-up applications appear to result in overall increases in expenditure with no discernible transfer at all.

The submission states that the additional EGMs will reduce the level of tax to be paid to the Government and suggests that this will not have an impact on the Greater Bendigo community however significant funds for Greater Bendigo development come from the State and Federal Governments.

Social Benefits

Improvements at the venue - Some of the improvements are already underway and are clearly not dependent on the additional EGMs. There is also no evidence that the other improvements are reliant on the additional EGMs being approved.

Increased gaming machines - There appears to be little demand for additional EGMs given the low usage rates of the existing machines. It appears the main motivation is the desire to avoid tax. Tax avoidance is never a community benefit.

Increase community contributions - The Bendigo Club is already increasing their community contributions and there is no evidence that this would not occur anyway

Social Disbenefits

Increased incidence and impact of harm from gambling on the community - If as reported in the application the new losses will be insignificant, concern must be raised that problem gamblers could see the venue as a more attractive option as research indicates that machine choice matters more to more frequent gamblers who are most like to be experiencing harm.


PAGE 105

Community attitude – Bendigo has above average EGM density and losses. Past community surveys have clearly shown a negative community attitude to gaming in the Municipality

Increased exposure of children to gambling activities – the Bendigo Club promotes a Kids Club. The City of Greater Bendigo is concerned about the exposure of children to EGMs. The venue design allows children to see into the gaming room with the glass wall not providing a sufficient barrier and a door that is unlikely to be permanently closed.


This assessment was prepared with support from officers at the VLGA.


This assessment was prepared by Council Officers so no additional resources were required. Conclusion On weighing up the benefits and disbenefits, as the responsible authority the City of Greater Bendigo finds that the anticipated economic and social impact of the proposal on the well-being of the community of the municipal district is likely to be detrimental.

Attachments

Bendigo Club Social and Economic Impact submission.

Strengthening the Economy/Environmental Sustainability - Reports Ordinary Meeting - 15 November 2017

PAGE 106

4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

Embracing Our Culture and Heritage - Reports Ordinary Meeting - 15 November 2017

PAGE 107

6. EMBRACING OUR CULTURE AND HERITAGE

6.1 2018 DUDLEY HOUSE COMMUNITY HIRE SUBSIDY AND PERFORMANCE SUBSIDY - ROUND 1 OF 2


Author Rohan Phillips, Arts Officer Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Purpose

This report recommends that Council consider the first round of the 2018 Dudley House Community Hire Subsidy and Performance Subsidy schedule for adoption.

Summary

The Dudley House Community Hire Subsidy and Performance Subsidy Program seek to enable and support local artists and performers to present new work in venues managed by Capital Venues and Events. A total of twelve subsidies are provided on an annual basis, offered in two rounds. This report details the applications received in round one for presentation of works commencing from January 2018. Round two will open for application in June 2018.

RECOMMENDATION

That Greater Bendigo City Council resolves to adopt the assessment panel’s recommendation to support three exhibitions as part of the Dudley House Community Hire Subsidy, and three performances as part of the Performance Subsidy. RESOLUTION Moved Cr Fyffe, Seconded Cr Emond. That the recommendation be adopted.

CARRIED

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


PAGE 108

Policy Context

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

Goal 6 Embracing our culture and heritage

Objective 6.3 Offer and support a diverse range of events that attract and connect people.


The Dudley House Community Hire Subsidy Grants Program was adopted by Council in 2002. The Performance Subsidy was established in 2010. Community proposals adhere to the following guidelines:

Submissions are invited from artists, performers, community groups or individuals residing, studying and/or working in the City of Greater Bendigo;

Community proposals that promote new and emerging work from a variety of art forms are encouraged;

Assessment criteria focuses on the delivery of a diverse and integrated program, together with the quality of the work.

Data and information gathered from the 2017 Subsidy Programs indicate that the program supported 36 artists and 15 performers, and attracted over 2,000 audience attendances.

Report

Applications opened on 7 September and closed on 2 October 2017. The program was promoted in the GB News Update, on Facebook and in the Arts e-bulletin. By the closing date, 4 applications had been received for the Dudley House Community Hire Subsidy and 1 for the Performance Subsidy. The deadline for the Performance Subsidy was extended until 16 October 2017, and an additional two applications were received. The number of applications is lower than in previous years, which may be due to a number of artists and community groups currently exploring funding opportunities through the Regional Centre of Culture Program 2018. The panel has recommended that Council adopts the following three exhibitions for presentation under the 2018 Dudley House Community Hire Subsidy, Round 1:


PAGE 109

Artist(s) Exhibition Title Overview

Sarah Wallace-Smith, Judith Warnest, Elise Lidgett & Lisa Honeychurch

Abutt

A contemporary investigation around the impact on the Bendigo landscape by human construction. Drawing reference from the chafing lines between land use of the First Nations people, immigrants, pastoralists, the mining industry and urban sprawl.

Jeanette Carr, Eileen Tubb, Anne Lucchesi, Jane Upton, Cindy Parker & Julie Coyle

Presence

Portraits, landscapes, intense colours, still life, movement, abstract. This group of Bendigo based women have closely worked together for two years and have revealed their individuality through the expression of their passion.

Julie Andrews, Leonie Kelsall & Noela Stratford Foreman

Tacit knowledge: Shadows and Reflections

This body of work is inspired by a need to explore the deeper intuitive currents that underpin an artist’s life and their need to make work.

As per the grant guidelines, the assessment panel's decision was based on the quality of the applications and the success of the applicants in articulating the artistic rationale of their proposed exhibition. The unsuccessful applicant will be encouraged to meet with the Arts Officer to discuss their application and will be encouraged to re-submit for the July-December round. The panel recommended that the following three performances be supported by the 2018 Performance Subsidy, Round 1:

Performer(s) Performance Title Overview

Sarah-Jane Fawcett Max Pry, Private Eye

Set in Chicago during the prohibition era, the story follows Max Pry, a detective who dreams of becoming a famous Private Eye.

Orpheus Piano Trio Orpheus Piano Trio in Concert

A program of piano trio music featuring Ravel's piano trio.

Marist Brass Band Inc.

Pathways' in Music Marist Brass will showcase all three of their groups, demonstrating how anyone, any age or ability can join a community band.


PAGE 110

Priority/Importance: The subsidy programs provide and enable the community's art sector to present their work in high quality and professionally managed venues. In addition, Capital Venues and Events staff are able to support, encourage and assist artists and performers to present their work in a nurturing and creative environment that showcases creativity and talent that exists in Greater Bendigo. Timelines: Exhibitions and performances supported in round one will commence after 1 January and end by 30 June 2018. All successful applicants are required to complete an acquittal within 28 days of the end of their exhibition or performance. Risk Analysis: All exhibitions and performances presented in Capital Venues & Events venues are subject to standard operational and OHS procedures.


Internal Consultation: Performance Subsidy Applications are assessed by the Capital Venues and Events Programming Group consisting of the Manager Capital Venues and Events, Venue and Technical Operations Managers, Marketing Coordinator, Arts and Culture Coordinator and the Arts Officer. Dudley House Community Hire Subsidy Applications are assessed by Senior Curator of the Bendigo Art Gallery, the Coordinator Arts and Culture and the Arts Officer. External Consultation: The program was promoted in the GB News Update, on Facebook and in the Arts e-bulletin.


This program is funded from the current 2017/2018 budget. The value of the venue hire at the community rate is $5,027.50. The program also provides technical, front of house and marketing support to the value of $1,924.00 The total cost of this program in round one is $6,951.50 Budget Allocation in the Current Financial Year:

$13,902 Previous Council Support:

Annual program adopted by Council in 2002


PAGE 111

Any ongoing recurrent expenditure required:

Annual program


PAGE 112

6.2 FUNDING AND MANAGEMENT AGREEMENT FOR BENDIGO HERITAGE ATTRACTIONS


Author Ben Devanny, Manager Business Services Responsible Bernie O’Sullivan, Director Strategy and Growth Director

Purpose

To finalise a new four year Funding and Management Agreement for Bendigo Heritage Attractions.

Summary

The funding and management agreement between the Council and Bendigo Heritage Attractions expired on 30 June 2017. The four year term is sought to provide financial stability for Bendigo Heritage Attractions while they continue to improve the tourism and workshop elements of the business. The new agreement will provide Bendigo Heritage Attractions with $600,000 in funding to assist with operations in 2017/2018 and this amount will be indexed annually with CPI. $450,000 will also be provided annually to assist with capital works and maintenance of buildings. A number of reporting requirements have been incorporated into the agreement to ensure a close working relationship between both parties.

RECOMMENDATION

That Greater Bendigo City Council resolves to authorise the Chief Executive Officer to sign a new four year funding agreement with Bendigo Heritage Attractions (1 July 2017 – 30 June 2021). RESOLUTION Moved Cr Hoskin, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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


PAGE 113

Policy Context


Goal 6.1.2 Stimulate re-purposing of heritage buildings for contemporary use and increased sustainability.


Bendigo Heritage Attractions, in close consultation with the City of Greater Bendigo, manages local tourism attractions including the Central Deborah Gold Mine, the Bendigo Tramways and the Bendigo Chinese Joss House Temple. All of these sites are owned by the City of Greater Bendigo, and Bendigo Heritage Attractions owns the local fleet of trams. The organisation was established as The Bendigo Trust in 1970 to operate the Central Deborah Gold Mine, when the State Electricity Commission of Victoria closed the Bendigo Tramlines in April 1972 and a section of track was retained to be used as a tourist attraction which commenced in December 1972. Since 1972 they have operated these sites as valuable tourist attractions and activated and maintained valuable heritage buildings throughout Bendigo.

Report

The new agreement will provide Bendigo Heritage Attractions with $600,000 in funding to assist with operations in 2017/2018, with the amount indexed annually by the determined rate cap percentage for the following three years of the term. $450,000 will also be provided annually to assist with capital works and maintenance of buildings. A number of reporting requirements have also been incorporated into the agreement to enable ongoing monitoring of the agreement and to ensure a close working arrangement between both parties including:

Greater collaboration between both parties on the prioritisation of capital works;

Timeline for a plan to be developed to clean up materials on Gasworks site;

Regular meetings between Bendigo Heritage Attractions and key staff at CoGB;

Half yearly briefings to Council; and

Development of Asset management plans for

o Tram Infrastructure

o Tram Fleet

o All buildings.


PAGE 114


The details in the new agreement have been negotiated by officers in both organisations over a number of months.


Council has provided Bendigo Heritage Attractions (formally Bendigo Trust) with funding to assist with operations and also maintenance of assets for a number of years. The financial contribution is incorporated in the approved budget for 2017/2018. The financial contribution for 2015/2016 was $610,000 for operations and $550,000 for capital works. The financial contribution for 2016/2017 was $510,000 for operations and $500,000 for capital works.

Attachments

1. Funding and Management Agreement

Lead and Govern for All - Reports Ordinary Meeting - 15 November 2017

PAGE 115

7. LEAD AND GOVERN FOR ALL

7.1 COUNCIL MEETING DATES 2017/2018 MAYORAL TERM


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

Purpose

The purpose of this report is to put forward proposed Council Meeting dates for the 2017/18 Mayoral term.

Summary

It is proposed that the following Ordinary Council Meeting dates for December 2017 and for 2018 (to 21 November 2018) be adopted.

RECOMMENDATION

That the Ordinary Meeting of Council dates for December 2016 and for 2017 (to 21 November 2018) as detailed in this report be confirmed and advertised. MOTION Moved Cr Fyffe, Seconded Cr Flack. That the Ordinary Meeting of Council dates for December 2017 and for 2018 (to 21 November 2018) as detailed in this report be confirmed and advertised.

CARRIED

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

Policy Context

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


PAGE 116

Report

It is proposed that the following Ordinary Council Meeting dates for December 2017 and for 2018 (to 21 November 2018) be adopted. The dates are based on Council Meetings being held on the third Wednesday of every month at 6.00pm at the Bendigo Town Hall (except for the first meeting for 2018, which will be held on the fourth Wednesday of the month - 24 January 2018) and the final meeting in December 2017 to be the second Wednesday of the month to allow decisions to be implemented prior to Christmas. The consistent monthly meeting day and time is considered by the 2016/2020 Council to have a number of advantages:

More certainty for the community and all other interested parties;

The opportunity to circulate meeting agendas to the community earlier;

Increased opportunities to meet with the community between formal Council meetings.

2017 13 December 2018 24 January 21 February 21 March 18 April 16 May 20 June 18 July 15 August 19 September 17 October 21 November


Nil

Attachments

Nil


PAGE 117

7.2 COUNCIL AND COMMUNITY COMMITTEES FOR 2017/2018


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

Purpose

The purpose of this report is to appoint Councillors to various Council and community committees for the 2017/2018 Mayoral Term.

RECOMMENDATION

That Council make appointments to committees as outlined in this report. RESOLUTION Moved Cr Fyffe, Seconded Cr Flack. That the recommendation be adopted.

CARRIED

FURTHER MOTION Moved Cr Metcalf, seconded Cr Williams. That Council appoint the following Councillors to the Rural Communities Committee: Crs Alden, Hoskin and Wrigglesworth.

CARRIED

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

Policy Context

Involvement with committees provides Councillors with an opportunity for community engagement. Advisory committees to Council also have the opportunity to provide input into the strategic direction of the Council and guidance to staff working on Council initiatives.


PAGE 118

Report Council Representatives 2017/2018

Committee Councillor

Arts and Creative Industries Strategy Working Group Cr Fyffe

Cr Emond

Audit Committee Cr O’Rourke

Cr Flack

Bendigo Agricultural Show Society Cr Fyffe

Bendigo Airport Advisory Committee Cr O’Rourke

Cr Williams

Bendigo Art Gallery Board Cr Emond

Bendigo Chinese Association Museum Inc Cr Emond

Bendigo Easter Festival Reference Group Cr Fyffe

Cr Hoskin

Bendigo Inventor Awards Cr Wrigglesworth

Bendigo Livestock Exchange Cr Williams

Bendigo Maubisse Friendship Committee Cr Alden

Bendigo Manufacturing Group Cr Emond

Bendigo Regional Archive Centre Cr Fyffe

Bendigo Stadium Board Limited Cr Williams

Bendigo Tourism Board Incorporated Cr Wrigglesworth

Bendigo Trust (Bendigo Heritage Attractions) Cr Hoskin

Calder Highway Improvement Committee Cr Williams

Central Victorian Greenhouse Alliance Cr Alden

Disability Inclusion Reference Group Cr O’Rourke

Cr Flack

Farming Advisory Committee

Cr O’Rourke

Cr Emond

Cr Metcalf

Finance Committee All


PAGE 119

Greater Bendigo Cultural Diversity and Inclusion Plan Community Reference Group

Cr O’Rourke

Cr Alden

Cr Fyffe

Goldfields Library Corporation Board Cr Fyffe

Heritage Advisory Committee Cr Emond

ITLUS Community Reference Group Cr O’Rourke (Chair)

Cr Wrigglesworth

Cr Fyffe

Cr Metcalf

La Trobe University Bendigo Athletics Complex Committee Cr Flack

Lake Eppalock Land and On Water Management Plan Implementation Working Group

Cr Wrigglesworth

Loddon Mallee Waste and Resource Recovery Forum Cr Metcalf

Municipal Association of Victoria MAV Cr Fyffe

Cr Emond (Deputy)

Municipal Emergency Management Planning Committee Cr Flack

Municipal Fire Management Committee Cr Flack

Napier Street Upgrade Community Consultation Group Cr Williams

Plan Greater Bendigo Steering Committee Cr O’Rourke

Positive Ageing Advisory Committee

Cr Hoskin

Cr Flack

Epsom Ascot Huntly Structural Flood Mitigation Advisory Group

Cr O’Rourke

Cr Williams

Cr Metcalf

Rosalind Park Recreation Reserve Precinct Advisory Committee

Cr Emond (Chair)

Cr Metcalf

Sustainability and Environment Advisory Committee Cr O’Rourke

Cr Alden

Cr Metcalf

Workspace Australia Board Cr Emond


PAGE 120

7.3 APPOINTMENT OF INDEPENDENT MEMBER OF THE AUDIT COMMITTEE


Author Jenny Watt, Executive Assistant Responsible Craig Niemann, Chief Executive Officer Officer

Purpose

To recommend the appointment of an Independent Member of the Audit Committee

Summary

The Audit Committee Charter states that the Audit Committee will consist of five members comprised of three suitably qualified independent representatives and two Councillors. The appointment of independent representatives shall be made by Council and be for a term of three years. Following the interview process, members of the interview panel recommends that Council appoint Mr Graham Bastian as an independent member of the Audit Committee for a three year term concluding on 1 October 2020.

RECOMMENDATION

That the Greater Bendigo City Council: 1. Appoint Mr Graham Bastian to the City of Greater Bendigo Audit Committee for a

term of three years to 1 October 2020. 2. Thank the applicants for their willingness to nominate for the position. RESOLUTION Moved Cr Flack, Seconded Cr Metcalf. That the recommendation be adopted.

CARRIED

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


PAGE 121

Policy Context

Lead and Govern for all - be accountable and efficient in its use of the community's money. Community Plan Reference: City of Greater Bendigo Community Plan 2017-2021:

Goal 1 Lead and Govern for All

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


The Audit Committee Charter states that the Audit Committee will consist of five members comprised of three suitably qualified independent representatives and two Councillors. The appointment of independent representatives shall be made by Council and be for a term of three years. Clause 7 of the Internal Audit Charter states that "all reappointments following each independent member's second term must be publicly advertised". Mr Graham Bastian's second term on the Audit Committee concludes on 1 October 2017. This appointment is to fill the vacant position.

Report

Mr Bastian was appointed as an independent member of the Audit Committee on 1 October 2011 and was reappointed for a second term which expires on 1 October, 2017. Mr Bastian has made an outstanding contribution to the Audit Committee serving as a Committee member for six years. In accordance with the Audit Committee Charter, the vacant position was advertised on Saturday 30 September 2017. Three applications were received for the position. Interviews were conducted by Mr Ken Belfrage, Chair of the Audit Committee; Cr Margaret O'Rourke, Mayor and Mr Craig Niemann, Chief Executive Officer. While applicants had relevant experience, members of the interview panel recommend the reappointment of Mr Graham Bastian as the independent member of the Audit Committee.


Expenditure for the Audit Committee will be within budget.


PAGE 122

7.4 RECORD OF ASSEMBLIES


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

Purpose

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

RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report. RESOLUTION Moved Cr Fyffe, Seconded Cr Fyffe. That the recommendations contained in the Lead and Govern for All Report Nos. 7.4 (Record of Assemblies) and 75. (Contracts Awarded Under Delegation) be received.

CARRIED

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

Policy Context


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


PAGE 123


A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a

member of Council staff; or 2. an advisory committee of the Council where one or more Councillors are present. The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.

Report

Meeting Information

Meeting Name/Type

Councillors' Briefing

Meeting Date 25 September 2017

Matters discussed 1. Conflict of Interest Workshop 2. Aged Care Reform

Attendees/Apologies

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

Staff/ Community Representatives

Ms Kerryn Ellis Ms Vicky Mason Ms Jessica Clarke-Hong Mr Peter Hargreaves Apology: Mr Craig Niemann

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil


PAGE 124

Meeting Information

Meeting Name/Type


Meeting Date 2 October 2017

Matters discussed 1. Community Grants Round 1 and Community Grants Analysis 2. Audit Committee Chair presentation 3. Plan Bendigo 4. Health and Wellbeing Plan 5. Naming of Greater Bendigo Indoor Aquatic and Wellbeing Centre 6. Councillor Request 'App' refresher 7. Mayor Election Process 8. Draft Public Toilet Strategy 9. Potential motions for MAV State Council - October 2017 10. Presentation of Annual Report 11. Bushfire Management Overlay

Attendees/Apologies

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


Ms Kerryn Ellis Mr Craig Lloyd Mr Bernie O'Sullivan Ms Vicky Mason Mr Michael Smyth Ms Jessica Clarke-Hong Mr Peter Hargreaves Apology: Mr Craig Niemann


Matter No.


Nil


PAGE 125

Meeting Information

Meeting Name/Type



Matters discussed 1. Potential partnership CoGB and Catholic College 2. Planning matters and draft Ordinary Agenda review 3. Naming of Kangaroo Flat Indoor Aquatic and Wellbeing Facility 4. Memorial proposal for Daryl McClure 5. Service Review Program 6. Election of Mayor 7. Bendigo Stadium Annual Report 8. Tour of Bendigo Law Courts

Attendees/Apologies

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


Mr Craig Niemann Mr Bernie O'Sullivan Mr Craig Lloyd Mr Michael Smyth Mr Lincoln Fitzgerald Ms Jessica Clarke-Hong Mr Peter Hargreaves Apologies: Ms Vicky Mason Ms Kerryn Ellis


Matter No.


Nil


PAGE 126

Meeting Information

Meeting Name/Type



Matters discussed 1. Christmas decorations 2. Bloom 18 Festival 3. White Knight 4. Budget prioritisation 5. MAV State Council Meeting 6. Update on Rosalind Park Precinct Master Plan and Hospital Precinct Structure Plan 7. Coliban Urban Water Strategy 8. Presentation by Cooperation Research Centre for Water Sensitive Cities 9. Greater Bendigo Indoor Aquatic and Wellbeing Centre 10. Marong Gas 'daughter' station 11. Preliminary Election of Mayor and Deputy Mayor

Attendees/Apologies

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


Mr Craig Niemann Mr Bernie O'Sullivan Mr Craig Lloyd Ms Kerryn Ellis Ms Vicky Mason Ms Jessica Clarke-Hong Mr Peter Hargreaves


Matter No.


Nil


PAGE 127

Meeting Information

Meeting Name/Type

Consultation meeting


Matters discussed Planning application DR/481/2017 5 Hakea Road, HUNTLY 3551 Use and development of land for two dwellings

Attendees/Apologies

Councillors Cr James Williams Cr Julie Hoskin


Beth Lavery Applicant Objectors


Matter No.


Nil

Meeting Information

Meeting Name/Type



Matters discussed 1. Council and Community Committees 2. Draft Election Priorities document 3. Marong Gas 'daughter' station

Attendees/Apologies

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


Mr Craig Niemann Ms Kerryn Ellis Ms Jessica Clarke-Hong Mr Peter Hargreaves


Matter No.


Nil


PAGE 128

7.5 CONTRACTS AWARDED UNDER DELEGATION


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.

(refer to page 122 - recommendation adopted)

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

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


PAGE 129

Report

Capital Contracts

Contract No

Project Successful Contractor Value

(GST Exc) Delegated

Officer Date Signed

CT000350

Strathdale Park Netball/Tennis Court Resurfacing and Lighting

Avard Civil Pty Ltd

$362,413.00 Vicky Mason 05 October 2017

Service Contracts

Contract No Project Successful Contractor Value

(GST Exc) Delegated

Officer Date Signed

CT000342

Provision and Maintenance Cleaning Services for Gutters (Spouting) of Selected Council Buildings

Electrical Resource Providers Pty Ltd

Schedule of Rates

Craig Lloyd 28 August 2017

Current annual Council Budget for the goods/services contracted via this schedule of rates is $90,000.00

CT000345

Provision of Fire Hazard Removal

CT Rural Services Schedule of

Rates Vicky Mason

8 September 2017

Current Annual Council Budget for the good/services contracted via this Schedule of Rates is $40,000.00


PAGE 130

8. URGENT BUSINESS

Nil.

9. NOTICES OF MOTION

Nil.

10. COUNCILLORS' REPORTS

Cr Fyffe Action packed month

- Over the course of this month appointed Mark Hands as new library CEO – his appointment has been well received.

- Carry on lunch – it is one of the organisation that support people coming back after conflict – group of houses in Kangaroo Flat.

- Attended Elmore Remembrance Day - Attended Passions and Pathways - Official opening of tennis pavilion - Opened Gallery 369 exhibition – many items that should all go and see

Cr Hoskin

- Loddon Campaspe local transport forum - Rock in the Vines with Cr Emond – thank you to Sutton Grange Winery for looking

after them so well - Official opening of Bendigo tennis centre with other Councillors - Celebrating 100 years of women in policing – amazing event - Attended Goornong Remembrance Day Service - Bendigo Inventor Awards - All councillors were present to elect Mayor and Deputy Mayor – extends

congratulations. - Thank you to Cr Fyffe for his role as Deputy Mayor for the past 12 months

Cr Flack

- Various onsite meetings - Various committee meetings - Heathcote Health AGM - Congratulations to re-elected Mayor and new Deputy Mayor - Cadel Evans civic welcome

Cr Metcalf

- Lucky in Bendigo to host so many sporting champions - Women's rugby 7’s - Women's hockey - Cadel Evans – lessons in leadership - Knitting blankets for the babies in East Timor. The team are real champions.


PAGE 131

Cr Wrigglesworth - Many members of public still coming up and saying we voted for you and so glad

that you are represent us! - Also wanted to say highlight was Ministry visit from Ministry of Villagers from

Indonesia last week. Insightful day hosting the delegation – Heathcote to Axedale.

- Congratulations to the newly appointed chair of Heathcote Health and the outgoing Chair.

Cr Williams - Chaired final meeting of Rosalind Park Advisory Group - Lots of revenue going through saleyards – some lambs getting $200 – major

generator of funds - We note the importance of biosecurity – good initiative by our government - Demand out of Asia is great - Attended Bendigo Stadium Board Meeting - Attended Aspire leadership at stadium – program run at a state level on behalf of

Mayor with 200/300 children in attendance - Visited Eaglehawk High School – great event walked around the lake. - Attended joint meeting regarding ground water treatment in Bendigo. - Japanese Consul General visit to Bendigo Table Tennis - Interfaith conference – congratulations to committee great event – 200 delegates - Congratulations to Cr O’Rourke and Cr Alden and congratulations to Cr Fyffe for

his work over last 12 months Cr Alden

- Women's achievements theme - Women's rugby 7s match – really enjoyed it - Very high praise for the Epsom reserve - International Festival of Hockey - Celebrating 100 years of policing - Laid a wreath at Eaglehawk Remembrance Day Service - Blues and Roots Festival - Bendigo Inventor Awards. - Today marks the end of the Same Sex Marriage survey and is being celebrated

by all those who supported the vote; Bendigo 69% support is higher than the national result.

- Thanks to Cr Fyffe for last year as Deputy Mayor and a seamless handover


PAGE 132

11. MAYOR'S REPORT

The Mayor, Cr Margaret O'Rourke, tabled a report on her attendance at the following meetings and events: Met with representatives from the Bendigo Field Naturalists Club

Welcomed visiting students from Suzhou, China as part of Team China.

Attended the Safe Community Forum

Attended the Bendigo Fire Brigades Annual Presentation Dinner

Welcomed attendees to the Polio Day 2017 – Your Mind Matters Conference

Welcomed attendees to the Bendigo Rowing Club Annual Regatta

Attended the 150th Anniversary of Bendigo Violet St Primary School

Held an Eppalock Ward Meet Your Councillor Session at the Strathfieldsaye and District

Community Enterprise Community Carnival

Hosted a Civic Welcome for Women in Sport

Participated as a panel member at the La Trobe University Regional Women in Leadership

Forum

Attended the Regional Cities Victoria

Attended an inspection of the Bendigo Aquatic Centre

Attended and spoke at the officially opening of the new landscaping at Spring Gully

Kindergarten with Jacinta Allan MP

Attended and spoke at the official opening of the new landscaping at Huntly Kindergarten

Attended a guest speaker to the Order of Australia Association Loddon Campaspe Branch

AGM

Attended and spoke at the Mother’s Union Diocese of Bendigo AGM

Attended the Ball in the Mall

Attended the Bendigo Agricultural Show Society and assisted with presenting an award

Attended the Prospectors & Miners Association of Victorian AGM

Officially opened the Charities Christmas Card Shop at St Paul’s Cathedral

Participated in filming of advertisement for the Bendigo Health Foundation

Attended the Access Australia Group’s Annual General Meeting and presented a certificate

for their 25 years of service to the Bendigo Community

Attended the Jayco Bendigo Cup Eve Cocktail Reception

Attended the Jayco Bendigo Cup

Attended and assisted with presentations at the Graduation Breakfast for the Greenlight

Program

Attended funding announcement by Senator Derryn Hinch and Senator Jane Hume at the

Golden Dragon Museum

Participated in the Regional Mayoral Meeting

Attended media announcement for White Night 2018 being held in Bendigo

Officially welcomed guests to the Loddon Campaspe Local Transport Forum

Hosted the Civic Welcome for the International Festival of Hockey

Attended and spoke at the Bendigo Bank Fun Run

Attended and spoke at the Official Opening of Bendigo Tennis Centre – Stage 1

Attended the Project Advisory Group Structural Flood Mitigation Study (Epsom, Ascot &

Huntly) Workshop

Chaired the Greater Bendigo Farming Advisory Committee meeting


PAGE 133

Presented to the Year 8 students at Bendigo South East College on the topic of the role of

Mayor and Local Government

Attended the Celebrating 100 Years of Women in Policing in Victoria

Met with Jane Seymour during her visit to Bendigo

Hosted the Civic Welcome for Cadel Evans AM

Attended the VIP Cocktail and Preview function with Cadel Evans AM

Attended the Bendigo TAFE - Food and Fibre Centre of Excellence Industry Breakfast

Attended the media announcement of the tram track improvement works at the Tram Depot

Attended the Field of Remembrance service at the Queen Victoria Gardens

Attended and spoke at the Heathcote Lions Friday Night Market Official Opening

Attended the Bendigo Remembrance Day Service

Attended and spoke at the 2017 Victorian Interfaith Networks Conference

Met with the British Consulate-General Melbourne - Mr Chris Holtby

Attended and presented an award at the Bendigo Inventor Awards

Attended the media announcement for the 2017 Community Christmas Lunch

Attended the Special Council Meeting to elect the Mayor and Deputy Mayor for 2017/2018

Attended and participated in official proceedings for the Ceremony to unveil and re-dedicate

the new memorial plaque to honour the lives lost from the legal profession during World War

One.

Participated in numerous workshops and forums

Participated in numerous radio, newspaper, television media interviews and photo

opportunities

Met with many residents, businesses and community groups regarding a wide range of

issues.

Thank you to the Deputy Mayor and those Councillors who represented me at events I

was unable to attend.


PAGE 134

12. CHIEF EXECUTIVE OFFICER'S REPORT

The Chief Executive Officer, Mr Craig Niemann, tabled a report on her attendance at the following meetings and events" Participated in regular radio and media interviews Led discussions and negotiations relating to the Enterprise Agreement Met with Mr James Flintoft, Deputy Secretary, Chief Executive of Regional

Development Victoria Attended a joint meeting of the Bendigo Groundwater State and Local Government

Advisory Group and Community Reference Group Attended the civic welcome to recognise Women in Sport Attended a meeting of stakeholders to discuss the Bendigo Hospital Bridge link Attended a Board meeting of Bendigo Heritage Attractions Attended the Parliamentary Inquiry into Rural and Regional Councils and spoke to the

City of Greater Bendigo submission Attended project control group meetings relating to the Bendigo Aquatic and

Wellbeing Centre and Bendigo Stadium projects Attended a meeting of Regional Cities Victoria Met with Mr Daniel Mulino, Parliamentary Secretary for Treasury and Finance Met with Minister Jacinta Allan to provide an update on projects within the

municipality Met with residents and business owners regarding various issues Participated in a panel session at the Developing Greater Melbourne conference Attended a meeting of Regional Cities Victoria Chief Executive Officers Officiated as MC at the official opening of Stage 1 of the Bendigo Tennis Centre Introductory meeting with Mr James Pinder, CEO of VLine Attended the visit of the Ministry of Villages Indonesian Government and spoke on

the role of Chief Executive Officer leading a regional city Attended the Civic Welcome and VIP Cocktail event for Cadel Evans Met with representatives from VLine and VicTrack to discuss the preliminary design

of the Bendigo Station Attended a meeting of the City of Greater Bendigo Emergency Management working

group Attended the Bendigo Inventor Awards ceremony Officiated at the Special Meeting for the installation of Cr Margaret O'Rourke as

Mayor


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13. CONFIDENTIAL (SECTION 89) REPORTS

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

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

CARRIED

There being no further business, the meeting closed at 9:15 pm.

Confirmed: 13 December 2017 Chair

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