Council Meeting 15 August 2012

AGENDA Ordinary Meeting of Council 6.00pm Wednesday August 15, 2012

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

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

NEXT MEETING: Tuesday September 4, 2012 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au

Vision Values Goal Areas

GREATER BENDIGO will be the best place to live work and visit, where: • growth and living standards are managed to sustain and enhance quality of life • a regional culture of learning, creativity and innovation allows people to flourish • its rich natural and cultural heritage is conserved for today and tomorrow • resilience, local spirit and identity are proudly celebrated.

Council will achieve its vision by working with the community and business, displaying leadership in its decision-making, operating in an open manner and basing decisions on sound information.

Council will realise its vision by setting strategic objectives, strategies and committing to annual actions within four Goal Areas: • Built and Natural Environment • Economic Development • Community and Culture • Our People, Our Processes

ORDINARY MEETING WEDNESDAY 15 AUGUST 2012

ORDER OF BUSINESS: ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

3

PRAYER

3

PRESENT

3

APOLOGIES

3

SUSPENSION OF STANDING ORDERS

3

PUBLIC QUESTION TIME

3

RESUMPTION OF STANDING ORDERS

4

DECLARATIONS OF CONFLICT OF INTEREST

5

CONFIRMATION OF MINUTES

6

1.

PETITIONS AND JOINT LETTERS

7

1.1

Petition: Request for Speed Humps in Bobs Street, White Hills

7

2.

BUILT AND NATURAL ENVIRONMENT

9

2.1

Four Lot Subdivision and Construction of Four Dwellings - 7 Michael Street, Kennington

9

2.2

Subdivision of Land into 15 Lots and the Removal of Native Vegetation - 53-67 Specimen Hill Road, Golden Square

29

2.3

Subdivision of Land into Seven Lots and Use and Develop the Land for Six Dwellings - 942 Wellington Street, Strathfieldsaye

42

2.4

Amendment C169 - Bendigo Cbd Car Parking Strategy

56

2.5

Waste and Resource Management Strategy - Progress Report

61

2.6

Use and Development of Land for a Place of Assembly (Theatre) and Education Centre, Reduction of Car Parking Requirements and Provision of Car Parking Off Site - 1020 Gaol Road, Bendigo & Part Ca14 Section 89C Parish Of Sandhurst

64

2.7

Revised Plans - Construction of One 2 Storey Dwelling, Three 3 Storey Dwellings and a Four Lot Subdivision - 232 View Street, Bendigo

97

3.

ECONOMIC DEVELOPMENT

108

3.1

Grace Kelly: Style Icon Post Event Summary and Evaluation

108

3.2

Bendigo Airport Redevelopment Update

117

4.

COMMUNITY AND CULTURE

121

4.1

Council Plan Quarterly Report July 2012

121

4.2

Violence Prevention Plan 2012 - 2015

128

4.3

Women Showing The Way Forum

134

4.4

Community Facilities Funding Program - Major Facilities

137

5.

OUR PEOPLE, OUR PROCESSES

145

5.1

Accounts Payable and Contracts Awarded Under Delegation

145

5.2

Record of Assemblies

147

5.3

Better Procurement Process Through Delegation

155

6.

URGENT BUSINESS

160

7.

NOTICES OF MOTION

161

7.1

Notice of Motion - Differential Rate for Retirement Villages

161

7.2

Notice of Motion - Minor Sports

162

8.

COUNCILLORS' REPORTS

163

9.

MAYOR'S REPORT

163

10.

CHIEF EXECUTIVE OFFICER'S REPORT

163

11.

CONFIDENTIAL (SECTION 89) REPORTS

163

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 15 August 2012

ACKNOWLEDGEMENT OF COUNTRY PRAYER PRESENT APOLOGIES

SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the conduct of Public Question Time.

PUBLIC QUESTION TIME Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to ask questions of broad interest to Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through its Customer Request System.

By the time planning matters have reached the council agenda, they have been through an extensive process as required by the Planning and Environment Act. In addition, in most instances mediation has been held between the parties involved. Throughout the process there are many opportunities for the people to ask questions. Therefore, no questions relating to planning matters on the Agenda will be accepted.

Public Question Time – Where, When And Who The public question time is held at every Ordinary Meeting of Greater Bendigo City Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo.

The public question time is held at the start of the meeting as close as practical to 6:00pm. A maximum of 30 minutes has been provided for registered and unregistered questions.

Residents are encouraged to lodge questions in advance so that a more complete response can be provided.

Questions will be put to the Council by the individual posing the question; the question will be answered by the Mayor or CEO, or where appropriate, Councillors or Council Officers.

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Ordinary Meeting - 15 August 2012

Acceptance of Questions Each person asking a question of Council is required to stand, state their name, and address the Mayor. Public Question Time is not an opportunity for making of statements or other comments. Council’s Meeting Procedure Local Law does not allow for other questions or comments during the remainder of the meeting.

1.

An individual may only ask one question per meeting, a follow-up question may be permitted at the discretion of the Mayor.

2.

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

3.

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

4.

The Mayor and or CEO have the right to decline registration on basis of: • Prosecution, summonses or any other litigation; • Most appropriately addressed by other means; • Vague, irrelevant, insulting or improper, defamatory; • Answer likely to compromise his / her position; • Confidential, commercial-in-confidence.

5.

Each individual whose registration form has been accepted or declined will be advised by the Friday of the week prior to the scheduled meeting.

6.

In the event of a registration form being declined the registration form will be circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.

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Ordinary Meeting - 15 August 2012

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

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

A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken.

Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.

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Ordinary Meeting - 15 August 2012

CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday July 25, 2012.

The following items were considered at the Ordinary Council meeting held on Wednesday July 25, 2012 at 6:00pm.

• • •

• • • • • • • • • • • •

Petition: Children's Playground for Hargreaves Mall Greater Bendigo Planning Scheme Amendment C162 (Heritage Policy Citations): Consideration of Submissions Planning Scheme Amendment C173 - Proposed Rezoning of the Holdsworth Road Former Psychiatric Hospital and Apply the Environmental Audit Overlay - 107-125 Holdsworth Road, North Bendigo - Consideration to Request the Minister for Planning for Authorisation Subdivision of Land into 23 Lots, the Removal of Native Vegetation and the Variation of a Sewerage Easement - 41 Buckland Street, Epsom Subdivision of Land into Three Lots - 29 Landale Drive, Strathdale Subdivide Land into Two Lots - 12 McKay Court, Strathdale Two Lot Subdivision and Construction of One Dwelling - 14 Alliance Avenue, California Gully Mitchell Street Bus Stop and Streetscape Development Budget Submissions Adoption of Council Budget 2012-2013 Options for Dealing with the Local Authorities Superannuation Liability Accounts Payable and Contracts Awarded Under Delegation Record of Assemblies Withdrawn - Notice of Motion - Ownership of Right of Way between 232 View Street and Park View Hotel, Cnr. View and Barnard Streets, Bendigo - Withdrawn Section 89 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 July 25, 2012, as circulated, be taken as read and confirmed.

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Ordinary Meeting - 15 August 2012

1.

PETITIONS AND JOINT LETTERS

1.1 PETITION: REQUEST FOR SPEED HUMPS IN BOBS STREET, WHITE HILLS

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

A petition has been received from concerned residents in the Bobs Street, White Hills area, as outlined below:

"Mr Gordon Hunter, a resident of Bobs Street, has called on local authorities to do something about speeding vehicles in the street.

The residents of Bobs Street fear someone will be killed or injured by speeding drivers on their street. With racing and overtaking two abreast on the rises in Bobs Street. It is impossible to see oncoming traffic until atop the rises.

'Hooning traffic racing each other along our street, sometimes in broad daylight and occasional night time, use Bobs Street as a speedway, equal to Bathurst.

You hear them absolutely tear past here, reaching speeds of well over the speed limit of 50km and it is simply not safe. It is impossible to get their number plate to report them as they go past too quick.

Bobs Street residents and residents in Grace Street with young children, are fed up with trying to turn onto Bobs Street with speeding traffic.

It is only a matter of time before a very serious accident occurs'. Camera cars have been in Bobs Street frequently over time but after a week or so the speeding starts again".

Signatures

-

46

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Ordinary Meeting - 15 August 2012

Officer Comment (Darren Fuzzard, Director Presentation & Assets) A traffic count was conducted in Bobs Street, between Grace St & Cahill St, from 19 July to 1 August, 2012.

A meeting will be organised with the petitioners to discuss their concerns and to develop a response to these.

RECOMMENDATION That the petition be received and a response be prepared within two meetings.

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Built and Natural Environment - Reports

2.

Ordinary Meeting - 15 August 2012

BUILT AND NATURAL ENVIRONMENT

2.1 FOUR LOT SUBDIVISION AND CONSTRUCTION OF FOUR DWELLINGS - 7 MICHAEL STREET, KENNINGTON Document Information Author

Shannon Rosewarne, Senior Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks approval for the construction of four double storey dwellings and a four lot subdivision with common property. As a result of public notice, five objections were received. The objections relate to the density of the development, compliance with aspects of Rescode, neighbourhood character, visual bulk, drainage concerns, car parking provision and fencing.

A consultation meeting was held with the applicant and objectors, however the objections were not resolved.

The key issues are: • Whether the proposal responds well to neighbourhood character; • Whether the proposal will adversely affect the residential amenity; • Compliance with some aspects of ResCode.

The site is suitably located for a medium density development as it is within an existing urban area within close proximity to public transport, public open space and facilities such as shops and schools. The proposal generally complies with the standards and objectives of Rescode. Some minor changes to the site layout and elevations are recommended as conditions of permit.

This report recommends that Council resolve to issue a Notice of Decision to Grant a Permit subject to appropriate conditions.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

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Ordinary Meeting - 15 August 2012

Background Information A report and consent was approved by the Municipal Building Surveyor on 22 June 2011, which was extended this year, consenting to demolition of the existing dwelling on the land. A planning permit is not required for the demolition as the site is not affected by a Heritage or Neighbourhood Character Overlay.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DSD/63/2012 8 February 2012 E M Tune 7 Michael Street, KENNINGTON Residential 1 Zone Nil

Subject Site and Surrounds The subject site is located on the western side of Michael Street, Kennington. The site is a rectangular parcel of 1,520 square metres, with a frontage of 30.45 metres to Michael Street. It is affected by a 4.87 metre wide drainage easement along its southern boundary and a 2 metre wide drainage easement along its western boundary. The land has a fall from the north to the south and from the east to the west.

The site is currently occupied by a single storey weatherboard dwelling dating to 1920 and a carport, set within mature gardens, with a timber picket fence along the front boundary. The existing dwelling is setback approximately 11 metres and is positioned on an angle on the site.

The adjoining land to the north at No. 9 Michael Street is developed with a single storey brick dwelling dating to the late 1960s while the adjoining land to the south at No. 5 Michael St is developed with a single storey brick dwelling dating to 1955. Lot sizes in the street vary from 391 to 1886 square metres. The street contains a variety of dwellings, dating from 1900 through to the 1980s. Low brick or timber picket front fences are typical in the street.

Michael Street has a width of 30 metres, with 7.5m wide verges, footpaths and exotic and native street trees on both sides of the street.

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Ordinary Meeting - 15 August 2012

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

Proposal The proposal is to construct four double storey dwellings and subdivide the land into four lots with common property. The proposed dwellings will comprise three or four bedrooms, kitchen, family room, rumpus room, dining room, study, bathroom, ensuite, laundry, 2 toilets, double garage and alfresco area.

Two of the dwellings will front Michael Street, and these will also feature balconies on the front facades, while the other two dwellings will be located at the rear and accessed via a common driveway.

The dwellings will be constructed of brick, with the first floor to have a rendered finish. All roof materials will be colourbond. The front dwellings will have hipped pitched roofs at 22.5 degrees, while the two rear dwellings will have flat rooflines.

Retaining walls are proposed along part of the northern and southern boundaries, and the eastern boundary. Approximately 500mm of fill is proposed at the western end of the site, with a site cut proposed at the eastern end.

The proposed subdivision will create four lots ranging between 284.9 and 363.94 square metres, with a common driveway for lots 3 and 4.

Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework • • • • • •

Settlement (clause 11) Regional development (clause 11.05) Urban environment (clause 15.01) Sustainable development (clause 15.02) Residential development (clause 16.01) Development infrastructure (clause 19.03) PAGE 11

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Ordinary Meeting - 15 August 2012

Municipal Strategic Statement • • • • • •

Municipal profile (clause 21.01) Key issues and influences (clause 21.02) Vision - strategic framework (clause 21.03) Strategic directions (clause 21.04) Settlement (clause 21.05) Housing (clause 21.06)

Local Planning Policies •

Strathdale/Kennington Residential Character Policy (clause 22.24)

Zone • Residential 1 Zone (clause 32.01) Other Provisions • • • • •

Two or more dwellings on a lot (clause 55) Residential subdivision (clause 56) Approval of an application or plan (clause 65.01) Approval of an application to subdivide land (clause 65.02) Referrals (clause 66)

Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

Powercor

No objection subject to conditions

Coliban Water

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Parks & Environment

No objection subject to conditions

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Ordinary Meeting - 15 August 2012

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 five objections were received, with the grounds of objection being: •

Proposal does not fit with the existing neighbourhood character

•

Proposal does not meet the Residential Character Policy

•

Proposal is at odds with the MSS

•

Proposal is an overdevelopment of the site

•

Concerns regarding drainage and infrastructure within naturestrip

•

Concerns regarding overlooking to adjoining and opposite properties

•

The proposal will result in unreasonable visual bulk and massing within the streetscape

•

Car parking provision is inadequate and will not cater for the demand if the dwellings are rentals

•

Noise from traffic generated by the proposal

The objections are discussed below.

Planning Assessment State and Local Planning Policies The proposal accords with State and Local policies at Clause 16.01 (Residential development) and Clause 21.06 (Housing) which encourage infill development in residential areas with access to existing infrastructure and transport. The site forms part of an established residential area in Kennington which is within the Urban Growth Boundary. The site is located within close proximity to a bus stop on McIvor Road (route 14 Bendigo - Strathdale), is approximately 200 metres from South Bendigo Oval and within 500 metres of other local parks, is within proximity to primary schools, a kindergarten, maternal and child health centre and local shops.

The proposal is a quality architectural design which offers a high level of articulation and will make a positive contribution to the streetscape, consistent with Clause 15.01-2 (Urban design principles). The proposal is consistent with State policy on energy and resource efficiency (Clause 15.02-1) which seeks to improves efficiency in energy use, promotes consolidation of urban development and integration of land use and transport, improve efficiency in energy use through greater use of renewable energy and support low energy forms of transport such as walking and cycling.

The development has been designed to maximise solar access opportunities and is well located to take advantage of existing services and facilities in the Strathdale and Kennington areas.

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The site falls within the area covered by Strathdale/Kennington Residential Character Policy (Precinct 2) contained at Clause 22.24 of the Local Planning Policy Framework.

Interestingly, only part of the street is contained within a residential character policy. The character description for the precinct is as follows: "This precinct is distinctive because it contains a near consistent late Inter-war period residential streetscape. There is a consistency in the plan forms of houses and the large, wide spanned and gable roof forms, and in the position of each house on its block. The large, heavy roof forms dominate the street scene, lending a strong horizontal emphasis that is reinforced by the strong horizontals and shadowing of the verandahs. Front gardens, which are neatly tended, low in scale and mostly exotic, form part of the street scene because of the low or transparent front fences. Street avenues of medium to large exotics form another important component of the area’s character.�

The statement of desired future character is to maintain the consistency of siting patterns and dwelling forms. Assessment of the proposal against the design objectives of the policy is as follows: Objectives To maintain and strengthen garden settings of the dwellings.

Recommended Design Response the Prepare a landscape plan to accompany all applications for new dwellings.

Comment: An indicative landscape plan has been submitted with the application showing planting of small and medium shrubs within crushed granite in front yards and lawn areas provided to backyards. Given the character of the area, it is recommended that the landscape plan be modified to include one tree within each of the front setbacks of Units 1 and 2, and a tree in front of Units 3 and 4, and crushed granite surfaces be replaced with mulched garden beds. Landscaping should also be provided along the shared driveway to break up the extent of hard surfaces. Further detail such as a species list will also be required as a condition of permit.

To maintain the consistency, where The front setback should not be less than the average setback of the adjoining two present, of building front setbacks. dwellings.

Comment: The adjoining dwellings have setbacks of 9.5m and 10m, therefore the average is 9.75m. The proposed front setback for the development is 6m. The proposal does not comply with the recommended design response. This issue has been raised with the applicant, who advised that Unit 1 could be setback a further 500mm and Unit 2 could be setback a further 384mm. This would result in a front setback of 6.38 metres.

To reflect the existing rhythm of Buildings should be setback from at least dwelling spacing. one side boundary, and preferably both.

Comment: The development will be offset from both side boundaries, although the garages for the two front dwellings will be attached.

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Objectives

Ordinary Meeting - 15 August 2012

Recommended Design Response

To ensure that buildings and Respect the predominant building height in extensions do not dominate the the street and nearby properties. Where there is a predominance of single storey, streetscape. the height of the dwelling at the front of the dwelling should match the typical single storey wall height. Use low pitched roof forms. Articulate front and side facades to reflect building forms in the street.

Comment: The predominant building height on the western side of Michael Street is single storey, with a mix of single and double storey dwellings on the eastern side. The height of the dwellings will be comparable to that of the adjoining dwellings due to the natural fall of the land away from the street, the proposed site cuts and the adjoining dwellings large roof forms. The choice of building materials is consistent with those used in the street, however some changes to the colour scheme are recommended, as outlined below. The southern elevation of Unit 1 should be further articulated to minimise the impact of this wall within the streetscape when approached from the south.

To use building materials and finishes In streetscapes where weatherboard that complement the dominant pattern predominates, use timber or other nonmasonry cladding materials where possible within the streetscape. and render, bag or paint brick surfaces.

Comment: The proposed dwellings will be constructed of brick with some rendered finishes and cladding. There is no consistent use of particular building materials within the street. The proposed materials include a mix of light and dark coloured bricks, render, cladding and colourbond roofing. Some changes to the colour scheme would ensure the development is better integrated into the streetscape and will reflect elements of existing development in the area. It is recommended that the colour scheme be amended such that the ground level is constructed with red brick and another darker brick, eg brown or charcoal, with the upper floor maintained in a lighter colour. The roof should be a dark colour, eg dark grey.

To maintain and enhance the Provide open style or low front fencing to a continuous flow of the garden settings maximum of 1.2 metres. and the openness of the streetscape.

Comment: While front fences are a common feature of properties in the street, no front fence is proposed as part of the development.

Neighbourhood Character The street, bound by Hodgkinson Street to the north and Skene Street to the south, is characterized by a wide road reserve, street trees including native and exotic species, and dwellings constructed in various styles and materials over the last century.

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Some of the objections expressed concerns that the proposal does not meet the character description for the residential character precinct, and the objectives of the policy have not been addressed in the design. One objection notes that development on the western side of the street is all single storey, and states that the proposed development being two storey with pitched roofs will dominate the streetscape.

It is acknowledged that the western side of the street has more of a sense of uniformity as it contains single storey dwellings while the eastern side of the street is a mix of single and double storey dwellings. However, the residential character policy and Residential 1 Zone do not preclude two storey development. There is significant variation between the existing dwellings in the street in terms of materials, roof forms and built forms.

The proposed dwellings will be a contemporary design. It is agreed that certain elements of the architectural style are not reflective of the surrounding development and some alterations will improve how the development relates to the surrounding dwellings.

In the current design, the two dwellings fronting Michael Street will have hipped roof forms, with a parapet. It is recommended that the roof style be altered such that the parapet is deleted and a dark coloured hipped roof with an eave of 450-600mm be introduced. This style of roof is more reflective of those in the surrounding area.

The materials and finishes generally provide a high level of articulation. As stated previously, changes to the colour palette will ensure the development is not dominant within the streetscape and the materials and finishes are more reflective of those used in existing development in the area. The use of darker brickwork at ground level, specifically red brick plus another darker contrasting colour, and the use of a lighter colour palette at first floor level will ensure the development fits into the streetscape. The feature wing walls on the front façade and balconies to the two front dwellings add further articulation.

As outlined above, the proposed front setback of 6 metres does not comply with the policy, nor the Rescode standard, however a setback may be varied if it will result in an appropriate outcome. The setback for the two front dwellings can be increased slightly without compromising the overall layout of the development. The visual impact of the development when viewed from the street and adjoining properties, the width of the street at 30 metres, and the variation of setbacks in the street have been taken into account and overall the proposal is considered acceptable.

It is agreed that the landscaping for the site could better reflect the garden settings of the surrounding dwellings and include trees within the front setbacks and in front of Units 3 and 4. A detailed landscaping plan can be required as a condition of permit. One street tree will require removal. It is an exotic species which is in poor health. The City’s Parks Unit have no objection to its removal and note that the tree in front of No. 5 Michael St will require some pruning also in relation to the crossover construction. A condition of permit will cover these works.

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Density The site is located within the Residential 1 Zone and is not affected by any overlays. The zone allows for a range of densities. The site is suitably located within an existing urban area which has access to a range of established services and facilities and the site layout provides for an appropriate level of amenity for future residents with no significant off site amenity impacts. While the MSS refers to existing residential areas having scope for two lot subdivisions, the zone clearly allows for consideration of higher densities where the design response is appropriate.

Amenity Impacts Visual Bulk & Massing The development will have a maximum height of 6.9 metres, with the two front dwellings having a height of 6.5 metres. The fall of the land and the proposed site cut will ensure that the dwellings will sit lower on the site, thus reducing their height within the streetscape. The height of the dwellings will therefore be comparable to the adjoining dwellings. It is acknowledged that the development will introduce an increased level of built form on the site, but the development will be acceptable within the streetscape. The second storey of each dwelling is set further back than the ground level, as such much of the focus within the streetscape will be on the second storey.

With regard to views of the development from the property to the north, the design of the development has been broken up and articulated. Unit 2, which has a setback of 1.1 metres from the northern boundary, has a smaller second storey than its ground floor footprint. The two storey bulk of Units 3 and 4 is located toward the south, with single storey skillion roofed sections of these dwellings being setback approximately 5 metres from the northern boundary. The recommended changes to the colour scheme will also improve the visual impact of the development within the streetscape.

The adjoining dwelling to the south at No. 5 Michael St has a setback of 2.33 metres to the subject site’s southern boundary. The proposed dwellings will be setback 4.77 metres from the southern boundary of the site. There is sufficient articulation and breaks between the two storey elements of the dwellings to minimise the impacts to the adjoining property.

No walls are proposed to be built on the boundaries of the site, although four walls will be located on internal boundaries. The bulk of the southern wall of Unit 1 is a concern for the adjoining objector, however only part of it will be at two storey height and a condition of permit will require further treatment of the southern wall of this dwelling to articulate it further.

Site Coverage The proposed site coverage is approximately 46%, within the allowable 60% under Rescode.

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Overlooking Balconies are proposed on the eastern elevations of Units 1 and 2 with an outlook to the street. A 1.8 metre high privacy screen is proposed at the both ends of each of the balconies to prevent internal views, and views to the adjoining properties. There will be no overlooking to the properties on the opposite side of Michael Street given the width of the road reserve and front setbacks of those properties.

The plans submitted demonstrate that there will be limited views to adjoining properties from the upper storey windows, with no direct views to the secluded private open space or into habitable windows of adjoining dwellings.

Loss of Views While the objectors who own properties on the opposite side of Michael Street are concerned that the development will block views towards the city, VCAT has previously held that there is no right to a view.

Car Parking, Access and Traffic The site will be accessed via three crossovers. Units 1 and 2 will have separate single width crossovers while Units 3 and 4 will be accessed via a shared driveway along the southern boundary. The proposal provides for two car spaces per dwelling in accordance with Rescode requirements via double garages.

The objectors are concerned three crossovers for the site is excessive, and their locations will necessitate removal of a street tree and relocation of a side entry pit.

The City’s Asset Planning & Design Unit has advised that modifications to the side entry pit will be required. Crossovers will take up 38% of the frontage, exceeding the maximum allowable of 33% under Rescode, however there is scope to reduce the width of the crossovers further to 3 metres each to ensure compliance with this standard. A reduction in the width of the shared driveway and provision of additional landscaping along this driveway will assist in reducing the extent of hard surfaces on the site.

While the objections raised concerns about the adequacy of the car parking and excessive noise from vehicle movements to and from the site, the proposal complies with Rescode requirements and is not likely to result in unreasonable off site amenity impacts.

There is sufficient capacity in Michael Street for additional on street parking.

Drainage The City’s Drainage Engineer has advised that the drainage plan will need to include the conversion of the existing side entry pit to a grated pit. The lost inlet capacity will need to be replaced and the development should include set floor levels so that the units are 300mm clear of the proposed flow level. These matters can be addressed via permit conditions.

The objectors have stated that there is an existing drainage problem in the area, however the developer cannot be required to resolve this issue as part of the application, but will be required to provide on site surface and stormwater detention to predevelopment levels as a condition of permit.

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Other The adjoining owner to the south is concerned about potential damage to the southern boundary fence during construction of the proposed retaining wall, and has requested that fence protection be provided to ensure vehicles exiting from garages do not damage the fence. The distance between garages and fences is sufficiently wide enough to enable functional vehicle movements.

Inaccuracies and Omissions from the Proposed Site Plan Details such as clotheslines and bin storage have not been included on the plans submitted, however there is sufficient space on the site to accommodate these. The existing footpath along Michael Street will be required to be shown on the site plan as a condition of permit.

Conclusion This is a case in which Council is required to balance the often competing interests of maintaining residential character whilst providing for additional housing in line with City of Greater Bendigo's Residential Strategy.

The site is suitable for a multi unit residential development given its location, with access to public transport, services and facilities and is located in an area supported by the City's Residential Development Strategy. It is recommended that Council resolve to issue a Notice of Decision to Grant a permit, subject to conditions.

Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the construction of four double storey dwellings and a four lot subdivision with common property at 7 Michael Street, Kennington subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Increase front setback of Unit 1 by 500mm and front setback of Unit 2 by 380mm (b) Provision of a dark coloured hipped roof with an eave between 450-600mm, and deletion of the parapet feature, for Units 1 & 2 (c) Provision of a modified materials and colour schedule such that red brick is

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(d) (e) (f) (g) (h)

(i) (j) (k)

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provided around the garages at ground level, and a contrasting dark brick, with lighter colours at first floor level Architectural treatment to southern elevation of Unit 1 for the extent of the garage wall Stairwell window for Unit 2 to be modified to ensure no overlooking to the adjoining property to the north.

Width of crossovers for Units 1 & 2 reduced to 3 metres each Shared driveway reduced to 3 metres in width up to the entrance to the garage for Unit 3 Provision of landscaping strip adjacent to the southern boundary of the shared driveway, located within the common property, up to the entrance to the garage for Unit 3 Side entry pit within the driveway converted to a grated pit Floor levels for the dwellings to be shown 300mm above the proposed flow level The existing footpath in Michael Street

2.

LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: (a) A survey (including botanical names) of all existing vegetation to be retained and/or removed (b) Details of surface finishes of pathways and driveways (c) Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant (d) Provision of an advanced tree within each of the front setbacks of Units 1 and 2 and in front of Units 3 and 4. (e) Deletion of crushed granite surfaces within front setbacks and common property and replacement with mulched garden beds

3.

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

4.

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

5.

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

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6.

REPLACEMENT OF STREET TREES Prior to occupation of the development, the street tree(s) to be removed must be replaced with two advanced tree(s) (minimum of two metres high at time of planting), of a species and in a location to the satisfaction of and at the direction of the City’s Parks and Environment Unit.

7.

PRUNING OF STREET TREES In the event that any pruning is required for street trees within the vicinity of the site as a result of the development, this must be done by a qualified and insured (for works on public property) arborist to the satisfaction of and under the direction of the City of Greater Bendigo’s Aborist.

8.

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

9.

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

10.

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

11.

DETAILED DRAINAGE PLANS Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) direction of stormwater run off (b) a point of discharge for each lot (c) independent drainage for each lot (d) provision for an overland flow path

12.

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

Allowable discharge Rate Q5 = Q100 =

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13.

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

Or The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or in its immediate catchment. Such amount is assessed as $750.00 or such amount applying at the time of payment.

14.

DRAINAGE WORKS Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in condition 11 above.

15.

SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM Prior to the issue of a Statement of Compliance, the applicant/owner must enter into an agreement under section 173 of the Planning & Environment Act 1987.

Such agreement must covenant that: (a) The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to any construction. (b) Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots.

Each system must be completed prior to connection to the responsible authority’s drainage system. (c) The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority. (d) The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times. (e) The owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

16.

CITY OF GREATER BENDIGO ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb & channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development.

Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

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17.

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

18.

SEALED CAR PARK Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

19.

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

20.

FENCING OF SITE The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority.

21.

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

22.

PUBLIC OPEN SPACE CONTRIBUTION The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

23.

TELSTRA The plan of subdivision submitted for certification must be referred to Telstra in accordance with section 8 of the Subdivision Act 1988.

24.

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

25.

POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act. (b) The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.

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(c) The applicant shall where buildings or other installations exist on the land to

be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a registered electrical contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System. (d) The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments that have been required. (e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (f) Any construction work must comply with the Officer of the Chief Electrical Inspector “No Go Zone” rules.

26.

COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed are to be protected by an easement in favour of Coliban Region Water Corporation.

Telstra Note Approval does not cover alterations to existing Telstra plant or network. Locations of existing network can be obtained from Dial Before You Dig – Ph: 1100 For co-ordinated Telstra plant reticulation in this development, please refer to www.telstrasmartcommunity.com to register your development and apply for reticulation.

City of Greater Bendigo Asset Planning & Design Note A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Asset Planning & Design Unit prior to any work commencing in the road reserve.

CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with: (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005, and (c) Road Management (General) Regulations 2005 with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this note on this planning permit is not deemed to have been notified of, or to have given consent, to undertake any works within the road reserve as proposed in this permit.

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Proposed Site Layout Plan

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Proposed Plan of Subdivision

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Proposed elevations

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Streetscape view

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2.2 SUBDIVISION OF LAND INTO 15 LOTS AND THE REMOVAL OF NATIVE VEGETATION - 53-67 SPECIMEN HILL ROAD, GOLDEN SQUARE Document Information Author

Stephen Wainwright, Coordinator Subdivisions

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a permit application to subdivide the land at 53-67 Specimen Hill Road, Golden Square, into 15 residential lots. The site is zoned for residential purposes and is within Bendigo's urban growth boundary.

There have been two objections to the proposal, one from the owners of a housing cooperative property that adjoins the site, and the other from the tenant of the housing cooperative property. Both of the objectors are concerned about construction noise that will result from the subdivision, especially because the tenant works a permanent night-shift.

The housing co-operative is also seeking compensation for a boundary fence that it believes the owner of the subject site should have contributed towards.

This report accesses the merits of the proposed subdivision and the issues raised by the objectors. The report concludes that the proposal complies with the Planning Scheme.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DS/125/2012 1 March 2012 Terraco 53-67 Specimen Hill Road, GOLDEN SQUARE Residential 1 Zone Abuts Road Zone Category 1 Nil PAGE 29

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Subject Site and Surrounds The site consists of a single Crown Allotment located in Golden Square. The east boundary of the site abuts Specimen Hill Road which is an arterial road managed by VicRoads. The area of the site is 1.2ha and the site is an irregular shape. The site is currently vacant.

The surface of the site slopes gently towards the south and there is a small depression along this axis. There are small patches of remnant native vegetation on the site particularly at the southern end of the site.

The site forms part of an established residential neighbourhood. The site shares a boundary with several existing residential properties.

There is a bus stop situated directly in front of the site on Specimen Hill Road.

Figure 1: Location map showing the site. The objectors' property is marked with a star.

Proposal It is proposed to subdivide the site into 15 residential lots. The subdivision layout will feature:

Lot sizes ranging from 500m2 to 950m2 yielding a net residential density of 1:800m2.

A new internal street off Specimen Hill Road that will be designed to the standard of an Access Street (16m width, kerb and channel, and footpaths).

A drainage reserve at the southern end of the site.

The lots created by the subdivision will be fully serviced by water, sewerage, electricity, telecommunications and gas supply systems. All native vegetation on the site - 0.5ha of Box-Ironbark forest of medium conservation significance will be cleared (or deemed to be lost) as a result of the subdivision.

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Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone and it abuts a Road Zone Category 1. The proposed subdivision of the site and the removal of native vegetation triggers the need for a permit due to the following clauses in the planning scheme: clause 32.01-2 (Residential 1 Zone), clause 52.17-2 (native vegetation) and clause 52.29 (land adjacent to a road zone).

The following clauses in the planning scheme are relevant to the application: State Planning Policy Framework

Regional development (clause 11.05).

Biodiversity (clause 12.01).

Urban environment (clause 15.01).

Sustainable development (clause 15.02).

Residential development (clause 16.01).

Movement networks (clause 18.02).

Development infrastructure (clause 19.03).

Municipal Strategic Statement

Municipal profile (clause 21.01).

Key issues and influences (clause 21.02).

Vision - strategic framework (clause 21.03).

Strategic directions (clause 21.04).

Settlement (clause 21.05).

Housing (clause 21.06).

Reference documents (clause 21.10).

Local Planning Policies

Salinity and erosion risk policy (clause 22.04).

Golden Square residential character policy GS4 (clause 22.15).

Other Provisions

Residential 1 Zone (clause 32.01).

Native vegetation (clause 52.17).

Land adjacent to a road zone, category 1, or a public acquisition overlay for a category 1 road (clause 52.29).

Residential subdivision (clause 56).

Decision guidelines (clause 65).

Referral and notice provisions (clause 66).

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Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

CFA

No objection subject to conditions

VicRoads

No objection subject to conditions

Public Transport Victoria

No objection subject to conditions

DSE

No objection subject to conditions

Asset Planning & Design

No objection subject to conditions

Public Notification The application was advertised to the public by mail and an on-site notice. Two people have objected to a permit being granted because of concerns about construction noise resulting from the subdivision and because of a boundary fencing dispute. The grounds of objection are discussed later in this report.

A consultation meeting was held with the permit applicant and the objectors. The meeting didn't resolve any of the objectors' issues.

Planning Assessment The objections There are two objections to the application. One is from the tenant of a community housing co-operative who lives next door to the site. The other objector is from the housing co-operative itself. There are two grounds of objection.

First, the neighbouring tenant works permanently on a night shift and is concerned that construction noise resulting from the subdivision will disrupt her daytime sleeping needs.

The objector argues: "Having construction noises disrupt my sleep on a daily basis, and for an estimated period of two years, is likely to have a severe negative impact on my physical and mental wellbeing, as well as my on-the-job productivity".

The objector wants the developer to undertake sound attenuation measures to protect their amenity, such as building an acoustic screen or paying for double-glazed windows on their house.

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With regard to the objector's concerns it is noted that managing the amenity impacts of subdivision construction activity is typically controlled under an approved Construction Management Plan (CMP). However it is difficult to envisage how in this case a CMP could be framed to address the objector's need for quietness during the day.

Construction activity is intrinsically noisy and thus is best carried out during the day when it has the least affect on the general community. Noise from daytime construction activity is not typically attenuated and it is considered that the circumstances in this case do not warrant special noise attenuation measures. The intensity and duration of the construction activity resulting from the subdivision will be no different to any other standard residential development.

The second ground of objection is from the housing co-operative and concerns the past construction of a boundary fence between one of their properties and the subject site.

The housing co-operative is upset that the owner of the subject site didn't contribute to the cost of the fence or indeed tell the housing co-operative that it was planning to develop the site. The housing co-operative argues that, had it know of the proposed subdivision earlier, it would have deferred building the fence until after the subdivision was completed.

The owner of the subject site disputes the housing co-operative's claims about the boundary fence. They say that they weren't contacted about sharing the cost of the fence and that they had no formal plan to subdivide the site at the time the fence was constructed.

The matter of the existing boundary fence clearly falls outside the boundaries of what should properly be dealt with by a planning permit. It's not Council's role to arbitrate fencing disputes. Any claim for compensation that the housing co-operative may have concerning the cost of the existing boundary fence is a matter for it to pursue under civil law. The events surrounding the fence construction would need to be properly tested by a court since there is conflicting evidence advanced by the parties. It would be both procedurally unfair and beyond Council's powers to issue a permit for the proposed subdivision conditional upon the developer compensating the housing co-operative for the existing fence.

Compliance with clause 56 The residential subdivision provisions in clause 56 of the Planning Scheme apply to the application. The proposed subdivision complies with all the Standards in the clause and in particular:

The site is close to the Bendigo CBD and is directly serviced by a bus route. There are shops, parks and community facilities near the site. The site is appropriately zoned for residential purposes and it forms part of an established residential neighbourhood within Bendigo's urban growth boundary.

The lots in the subdivision will be fully serviced by reticulated water and sewerage.

Electricity, telecommunications and gas will also be supplied to each lot. Public lighting and fire hydrants will be installed within the new internal street. Stormwater run-off from the site will be managed using a detention system located at the south end of the site. The detention system will incorporate water sensitive urban design features.

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The proposed internal street will be designed to an Access Street standard in accordance with the Infrastructure Design Manual. The existing bus stop in Specimen Hill Road will be relocated to make way for the new street.

The proposed lots will vary in size between 500m2 and 950m2. These lot sizes are capable of containing a rectangle measuring 10m by 15m. All the lots will enjoy good opportunities for northern sunlight. The lot layout and density will be in keeping with the existing neighbourhood character.

Native vegetation The site contains one patch of Box-Ironbark forest located towards the south end of the site. The native vegetation is of "medium" conservation significance. The vegetation will be removed or deemed to be lost as a result on the subdivision and a permit is required for any such removal.

It is considered that a native vegetation offset would be a better biodiversity outcome than seeking to avoid or minimise native vegetation losses on the site because: (1) the conversation significance of the vegetation is only medium, (2) the vegetation lacks connectivity, and (3) a high proportion of the understorey is infested by weeds.

Conclusion For the reasons discussed above it is concluded that the permit application meets the requirements of the Planning Scheme and on this basis a permit should be granted.

Options Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit, grant a permit subject to conditions, or refuse to grant a permit.

Attachments •

Objections.

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the land at 53-67 Specimen Hill Road Golden Square to subdivide the land into 15 lots and remove native vegetation subject to the following conditions: 1.

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

2.

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

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3.

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

4.

LANDSCAPE PLAN Before a statement of compliance is issued for the subdivision a landscape plan must be submitted to the satisfaction of the Responsible Authority. When approved, the plan will be endorsed and then form part of the permit.

5.

COMPLETION OF LANDSCAPING Before a statement of compliance is issued for the subdivision the landscaping works shown on the endorsed must be carried out and completed to the satisfaction of the responsible authority.

6.

LANDSCAPING MAINTENANCE The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 12 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.

7.

DETAILED DRAINAGE Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater run off. (b) A point of discharge for each lot. (c) Independent drainage for each lot. (d) Approval from the relevant authority for the point of discharge.

8.

DRAINAGE EASEMENTS The subdivision must provide easements for drainage within and through the subject land for external outfall drainage to a point of lawful discharge to the satisfaction of the responsible authority.

9.

STORMWATER DETENTION Prior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority.

Allowable discharge: Q5 = 330 l/s, Q100 = 760 l/s (this rate includes all inflows from the upstream catchments).

10.

STORMWATER QUALITY Before the use or development is commenced, the owner or applicant must provide a stormwater treatment system to achieve the Best Practice Environmental Guidelines storm water quality (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority.

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CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: Internal road: (a) Fully sealed pavement with kerb and channel. (b) Paved footpaths. (c) Underground drainage. (d) Underground conduits for water, gas, electricity and telephone. (e) Appropriate intersection and traffication measures. (f) Appropriate street lighting and signage. (g) One high stability permanent survey mark.

Specimen Hill Road: (a) Barrier kerb and channel and associated works. (b) Paved footpath. (c) Underground drainage.

12.

DECORATIVE LIGHTING Standard Powercor power poles are to be used in the development in accordance with the City of Greater Bendigo Decorative Lighting Policy.

13.

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

14.

CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority.

The plan must include: (a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent streets. (d) The protection measures taken to preserve any vegetation identified for retention.

During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency.

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15.

COLIBAN WATER (a) The owner is required provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

16.

POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act. (b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor. (d) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (e) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules. (f) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. Alternatively, at the discretion of Powercor Australia Ltd a lease(s) of the site(s) and for easements for associated powerlines, cables and access ways shall be provided. Such a lease shall be for a period of 30 years at a nominal rental with a right to extend the lease for a further 30 years. Powercor Australia Ltd will register such leases on the title by way of a caveat prior to the registration of the plan of subdivision. (g) The applicant shall: Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000. (h) The applicant shall: Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots. (i) The applicant shall: Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey. (j) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

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(k) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

17.

TELSTRA The plan of subdivision submitted for certification must be referred to Telstra in accordance with Section 8 of the Subdivision Act 1988.

18.

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

19.

COUNTRY FIRE AUTHORITY Hydrants: (a) Operable hydrants, above or below ground must be provided to the satisfaction of CFA. (b) The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of the building envelope, the rear of all lots) must be 120m and hydrants must be no more than 200m apart. (c) Hydrants must be identified as specified in ‘Identification of Street Hydrants for Firefighting purposes’ available under publication on the Country Fire Authority web site (www.cfa.vic.gov.au).

Roads: (a) Roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width. (b) The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50m.

Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle. (c) Roads more than 60m in length from the nearest intersection must have a turning circle with a minimum radius of 8m (including roll-over kerbs if they are provided). T or Y heads of dimensions specified by the CFA may be used as alternatives.

20.

VICROADS (a) Vehicle access to all lots of the subdivision must be via the new subdivision road or common property, direct vehicle access to the Specimen Hill Road (Golden Square-Long Gully Road) must not be permitted. (b) A scaled functional layout plan must be provided showing the proposed access point to the development on Specimen Hill Road including features such as pavement, kerb/shoulders, line marking, power poles, trees and other road furniture within 100m of the proposed access. The functional layout plan must also demonstrate how the proposed access fits into, operate and interact with Specimen Hill Road and must meet VicRoads' written satisfaction. (c) The proponent must comply with the Road Management Act 2004, Road Management (Works and Infrastructure) Regulations 2005 and the Road Management (General) Regulations 2005 with respect to any requirements to notify VicRoads and/or seek consent from VicRoads to undertake "works" (as defined in the Act) in, over or under the road reserve. VicRoads, in requesting the inclusion of this condition on this planning permit, is not deemed to have PAGE 38

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been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

21.

PUBLIC TRANSPORT VICTORIA Amended plans: Prior to the commencement of works, amended plans must be prepared and submitted to the satisfaction of Public Transport Victoria. 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 three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Relocation of the existing bus stop on Specimen Hill Road, to a new location in front of the subject site. (b) Access path and paved surfaces in line with the entrance and exit points of the bus with a minimum width of 1.2m. (c) Incorporation of seating, bus stop pole, flag and timetable case to Metlink’s requirements. (d) Detailed plans including bus turning circles which ensure all buses are able to pull up parallel to the stop. (e) Provision of tactile ground surface indicators and other treatments which upgrades the stop to be compliant with the Disability and Discrimination Act. (f) Details of pedestrian links (DDA compliant) from the bus stop to existing/proposed footpaths.

Bus stop relocation: Before the commencement of works, the new bus stop including line marking and all associated infrastructure, must be constructed in accordance with the endorsed plans, at a cost born by the permit holder and deemed compliant with the Disability Discrimination Act – Disability Standards for Accessible Public Transport 2002, to the satisfaction of Public Transport Victoria.

Service protection during construction: The permit holder must take all reasonable steps to ensure that disruption to bus operation along Specimen Hill Road 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 14 days prior.

22.

DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT (a) In order to offset the removal of 0.16 habitat hectares of native vegetation of Box Ironbark Forest Ecological Vegetation Class of medium conservation significance in the Goldfields Bioregion approved for removal as part of this permit, the applicant must provide for: (1) the protection and management for conservation purposes of 0.16 habitat hectares of native vegetation of Box Ironbark Forest Ecological Vegetation Class of medium conservation significance in the Goldfields Bioregion, or (2) an alternative to the satisfaction of the responsible authority. (b) To provide the required offset, within 12 months of the vegetation removal or prior to the issue of statement of compliance, which ever is sooner, the applicant or owner must either: • Provide to the responsible authority, an Allocated Credit Extract issued by the Department of Sustainability and Environment Native Vegetation Credit PAGE 39

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Register which satisfies the required offset, or.

• Have prepared an offset plan endorsed by the responsible authority. The offset plan must be prepared to the satisfaction of the responsible authority and submitted to and approved by the responsible authority. The offset plan must include a: • Description of the site where the offset will be provided, including a site plan.

• Schedule of works to achieve the offset over a 10 year period, detailing the: • Management actions to be performed (e.g. fencing, weed control, pest control, revegetation).

• Person(s) responsible for implementing the specific management actions.

• Timeline for the implementation of the management actions.

• Method by which management actions will be undertaken.

• Standard to which management actions will be undertaken.

When approved, the offset plan will be endorsed and will then form part of the permit. (c) Within twelve months of vegetation removal or prior to the issue of statement of compliance which ever is sooner: • The endorsed offset site must be permanently protected to the satisfaction of the responsible authority, ie. via an encumbrance on title.

• A copy of the endorsed plan and protection mechanism, eg. title showing encumbrance, must be lodged with the Department of Sustainability and Environment.

23.

EXPIRY OF THE PERMIT This permit will expire 7 years from the date it is issued. All development described in this permit must be completed before the expiry date. The responsible authority may extend this time limit if a request is made in writing before the permit expires or within three months afterwards.

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2.3 SUBDIVISION OF LAND INTO SEVEN LOTS AND USE AND DEVELOP THE LAND FOR SIX DWELLINGS - 942 WELLINGTON STREET, STRATHFIELDSAYE Document Information Author

Chris Duckett, Co-ordinator Land Use

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Planning permission is sought for the subdivision of land into 7 lots and to use and develop the land for 6 dwellings at 942 Wellington Street, Strathfieldsaye.

The application is being reported to Council as two objections against the proposal were received. A consultation meeting was held but matters were unable to be resolved.

The key issues are as follows: •Whether residential development is appropriate in this location; •Whether the proposal is compatible with adjoining land uses; •Neighbourhood character.

This report recommends that the City of Greater Bendigo Council issue a Notice of Decision to Grant a Planning Permit for the application.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural heritage.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality design to create environments that support public wellbeing and economic success.

Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DSD/943/2011 29 November 2011 Reilly Properties Pty Ltd 942 Wellington Street, STRATHFIELDSAYE Road Zone 1 Business 5 Zone Development Plan Overlay 26

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Subject Site and Surrounds The site is centrally located within Strathfieldsaye and comprises a rectangular block of land with an area of 2,414m2 which is zoned for business use. The site has a fall of around 1m front to back. Currently located on the site is a single storey shop which has been used to sell arts and crafts materials.

To the east and west of the site land is also zoned for business use and can be considered to be an area under transition with a mix of business uses operating alongside long standing residences. To the immediate east of the site is Braidie's Tavern, to the west, residences. To the south are further dwellings and vacant residential land and to the north beyond Wellington Street is a local shopping centre.

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

Proposal The proposal is to subdivide the land into seven lots and construct six dwellings.

The subdivision component would comprise: • • •

Lot 1 containing the existing building - 533m2 Lots 2-7 in the range of 195m2 to 309m2 Common property of 469m2.

The development component would comprise: • •

Lots 2-4, Single storey two bedroom dwellings with single garages Lot 5-7, Two storey three bedroom dwellings with double garages.

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The dwellings would be of a traditional pitched roof design and constructed of face brickwork and render with aluminium windows and tiled roofs. All dwellings would have a rear yard with a minimum area of 25m2.

The development would be accessed from an existing crossover on Wellington Street on the west side of the block. It is proposed to retain the existing shop and locate the dwellings to the rear of it.

Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework • • • •

11.05 15.01 15.02 16.01

Regional Planning Urban environment Sustainable environment Medium density housing

Municipal Strategic Statement • •

21.05 21.06

Settlement Housing

Local Planning Policies •

22.22

Strathfieldsaye Residential character policy

Other Provisions • • • • •

34.05 Business 5 Zone 43.04 Development Plan Overlay 55 Two or more dwellings on a lot and residential buildings 56 Residential Subdivision 65 Decision Guidelines

Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

Powercor

No objection subject to conditions

Coliban Water

No objection subject to conditions

Telstra

No objection subject to conditions

Tenix

No objection subject to conditions

VicRoads

No objection subject to conditions

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Referral

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Comment

North Central Catchment No objection subject to conditions Management Authority Traffic & Design

Conditions required.

Drainage

Conditions required.

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 two objections were received, with the grounds of objection being: •

Impact on the business operations of Braidie's Tavern in particular overlooking of recently constructed beer garden and disturbance of patrons;

•

Overlooking and noise impacts on dwelling to the rear of the block in Bassett Drive.

A consultation meeting was held with the owner of Braidie's Tavern and a representative of the applicant. No matters were resolved at the meeting but as a result of the discussions the applicant submitted further information which was subsequently readvertised.

Following notification of the further information, two letters from the objectors were received affirming that the objections stand.

The objections are discussed below.

Planning Assessment Principle of residential development in this location Clause 11.05-4 Regional planning strategies and principles has the objective of developing regions and settlements which have a strong identity, are prosperous and are environmentally sustainable.

Of particular relevance to this application is the strategy to limit urban sprawl and direct growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment.

Clause 16.01 Residential development has objectives which promote a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is both water and energy efficient. The importance of energy and resource efficiency is also referenced in Clause 15.02 Sustainable development.

At a local level Clause 21.04 Strategic Directions sets out the council’s key land use themes. Of particular relevance to this proposal are Key Theme 1 Settlement and Key Theme 2 Housing.

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The overview of Key Theme 1 is set out in Clause 21.05 which under sub-heading Urban growth boundary (UGB) sets out the role of the UGB as a tool to channel development into designated growth areas and consolidate the urban areas of Greater Bendigo.

Given the location of the site within the UGB the proposal would comply with the overview and objectives of the key theme of Settlement.

The City's Residential Development Strategy identifies Strathfieldsaye as one of four new development areas that will accommodate future residential growth in the region of 1,400 dwellings up to 2030. The strategy recognises that detached housing will be the dominant stock but at higher densities than current residential development.

In addition, the strategy, identified 'community focused development zones' which will provide for a wide variety of housing types at higher densities. The site is located in a community focused development zone.

This site is also zoned Business 5, the purpose of which includes the need to encourage the development of offices or multi-dwelling units with common access from the street.

In addition to the zone encouraging multi dwelling units Strathfieldsaye is identified as a new development area and the adopted Strathfieldsaye Township Plan (STP) provides recommendations on location and density of housing in Strathfieldsaye.

These recommendations have been implemented into the Planning Scheme in the form of a Development Plan Overlay (DPO).

The DPO specifies that a permit may be granted for subdivision and buildings and works before a development plan has been prepared on the proviso that the subdivision and buildings and works will not prejudice future development and meet the vision of the Strathfieldsaye Township Plan.

The Strathfieldsaye Township Plan specifies that this site should provide for medium density housing or small scale offices or service business uses.

This proposal is providing for service business and residential use at medium density so it meets objectives of the DPO and the strategic and local policy as well as being entirely suitable in the zone.

Whilst the location is clearly appropriate for infill development, there is still a requirement to balance this against other objectives in the Planning Scheme as set out in Housing Clause 21.06-3 which includes the need to ensure developments are respectful of neighbourhood character and amenity in the area. This is discussed further below.

Whether the proposal is compatible with adjoining land uses The site adjoins land which is zoned for business use and other land zoned residential and there are different issues relating to each land use.

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In terms of the residential land, as the proposal is for dwellings the key issues are those that one would typically expect for residential development. Overlooking has been raised as a concern by the owner of an adjoining dwelling to the rear of the site. The rearmost dwelling (which abuts the objector's property) is proposed to be two storey, however as there are no first floor windows on the rear elevation and a 1.8m high colourbond rear fence there will be no overlooking from this dwelling.

There would be no other harmful amenity impacts on the residential land such as overshadowing and adverse noise impacts and although not a mandatory consideration in Business 5 Zone, the proposal is fully compliant with ResCode amenity standards.

With regard to the business zoned land, in addition to the purpose of encouraging multidwelling units, it is requirement of the zone that the use of the land must not detrimentally affect the amenity of the neighbourhood, including through the: • • •

Transport of materials, goods or commodities to or from the land.

Appearance of any building, works or materials.

Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

The proposal would not have any detriment impact in regards to the above matters.

There is also a requirement in the zone to consider the effect that existing uses may have on the proposed use. The question of the impact of the beer garden at Braidie's Tavern has been raised as a significant concern, in that noise generated from the beer garden could lead to complaints from future residents.

The nearest proposed dwelling would be diagonally opposite the beer garden at a distance of approximately three metres. This dwelling is single storey and has two bedrooms. Each dwelling thereafter gets progressively further away from the beer garden.

The objector has requested that the development be flipped to enable the access to be located on the boundary to create a buffer to the beer garden. Other possible acceptable solutions put forward by the objector are for the construction of an acoustic fence and a commitment by the applicant to enter into a Section 173 agreement advising future occupants that they will be living next to a beer garden which may generate noise.

The applicant was made aware of Braidie's Tavern's concerns at the consultation meeting and their subsequent suggested solutions. The applicant does not believe the suggested measures are necessary but they have agreed to double glaze all windows and to use an acoustic wall system for all external walls. The applicant states that these measures are sufficient given the permitted noise levels for an outdoor music venue under the State Environment Protection Policy.

This is a difficult issue as whilst noise may indeed arise from the beer garden, dwellings are an appropriate use in the zone and will be deemed to be compatible with other uses permissible in the zone. Other legislation is in place to protect residential amenity from inappropriate noise levels, this includes the restriction of outdoor venues to 11pm.

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Another consideration is that anyone purchasing or renting a property adjoining a hotel in a business area in a developing town centre must expect that the level of amenity will be less than that which would be expected in a wholly residential area. This is the case with the site.

It is also of note, that when a planning permit was granted for the construction of Braidie's Tavern in April 2001, both the Tavern land and the subject site were zoned as it currently is, Business 5. The beer garden received a separate planning permit in 2011.

Neighbourhood Character The site falls within an area affected by Strathfieldsaye Township Precinct 1 Residential Character Policy. This policy states that 'the semi-rural informality of the area will be retained and enhanced'.

In many ways this policy is at odds with the strategic direction that the City is pursuing for Strathfieldsaye. It is difficult to reconcile a development plan which promotes business and residential expansion with a policy which seeks to retain a semi-rural character.

Notwithstanding this, the proposal would meet the cited objectives of the policy which call for an appropriate landscape plan, compatible front and side setbacks, buildings which respect the predominant building height in the street and complementary building materials and finishes.

Conclusion This proposal would provide much needed housing in an appropriate zone in an area identified for future growth.

The proposal will have minimal impact on neighbourhood character due to its siting to the rear of an existing shop.

The amenity issues that have been raised have been adequately addressed by the applicant and it would be unreasonable to expect them to go above and beyond the measures proposed.

The proposal compiles with the Greater Bendigo Planning Scheme and should be supported.

Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

Attachments •

Objections

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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 the subdivision of land into 7 lots and to use and develop the land for 6 dwellings at 942 Wellington Street, Strathfieldsaye subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Sufficient flow area in the vicinity of lot 6 and floor levels set to 300mm above the expected natural flow level for all units.

2.

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

3.

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.

4.

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

5.

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

6.

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

7.

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.

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8.

CAR PARK LIGHTING The car park must be provided with public lighting (including bollard lighting) in accordance with AS/NZ 1158.0-2005/Amdt 2-2010 minimum lighting category C2 and the fittings are to minimise spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997.

9.

ACCESS AND CAR PARK SURFACING The entry/exit, the internal roadway and the parking areas must be sealed and the car parking spaces line marked and maintained to Council’s satisfaction.

10. DETAILED DRAINAGE PLANS

Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) direction of stormwater run off (b) a point of discharge for each lot (c) independent drainage for each lot 11. STORMWATER DETENTION

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

Allowable discharge Rate Q5 =

16.5 l/s

12. STORMWATER QUALITY

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

The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or in its immediate catchment. Such amount is assessed as $1595 or such amount applying at the time of payment.

13. DRAINAGE WORKS

Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in condition 10 above.

14. SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM

Prior to the issue of statement of compliance, the applicant/owner must enter into an Agreement under Section 173 of the Planning and Environment Act 1987.

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Such Agreement must covenant that; (a) The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. (b) Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots.

Each system must be completed prior to connection to the responsible authority’s drainage system. (c) The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority. (d) The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times. (e) The Owner will pay for all costs associated with the construction and maintenance of each onsite detention system and/or treatment system.

15. CITY OF GREATER BENDIGO ASSETS

Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb & channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development.

Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

16. USE OF CAR PARKING AREAS

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

17. FENCING OF SITE

The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority.

18. NO MUD ON ROADS

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

19. PUBLIC OPEN SPACE CONTRIBUTION

The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

20. TELSTRA

The plan of subdivision submitted for certification must be referred to Telstra in accordance with section 8 of the Subdivision Act 1988.

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21. TENIX

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

22. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act

(b)

(c)

(d)

(e) (f)

1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act. The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (a payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

The applicant shall where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a registered electrical contractor.

The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments that have been required.

Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

Any construction work must comply with the Officer of the Chief Electrical Inspector “No Go Zone” rules.

23. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY (NCCMA)

The finished floor level of the proposed dwelling must be constructed a minimum of 300mm above the declared flood level.

24. VICROADS

The access must be designed so that all vehicles can be driven in a forward direction when entering and leaving the subject land.

25. COLIBAN WATER (a) The applicant or owner is required to reach agreement with Coliban Water for

the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets. (b) The applicant is to provide evidence to the satisfaction of Coliban Water that existing private water pipes and sanitary drains do not cross the boundaries between lots. Where modifications to pipes or drains are required in order to satisfy this requirement, all work is to be carried out in accordance with AS3500 National Plumbing and Drainage Code of Australia and the relevant requirements of Coliban Water. Works to modify Coliban Water assets may only commence with prior approval by Coliban Water. (c) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region PAGE 52

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Water Corporation. (d) All proposed sewers must be located at least 1 metre from an existing or

proposed structure/boundary.

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Proposed site plan

Aerial photograph/site plan

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Proposed elevations

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2.4 AMENDMENT C169 - BENDIGO CBD CAR PARKING STRATEGY Document Information Author

Andrew Cockerall, Coordinator Strategic Planning

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of the report is to summarise the outcomes of the public exhibition of Amendment C169 which implements the recommendations of the Bendigo CBD Car Parking Strategy (2008). The report recommends that the amendment be adopted and forwarded to the Minister for Planning for approval.

Policy Context Council Plan Reference: 1.6.4 Continue to implement master plans and strategies including the Bendigo CBD Parking Strategy.

Strategy Reference (include weblink as applicable): Bendigo CBD Parking Strategy (2008) http://www.bendigo.vic.gov.au/News_and_Information/Publications/Documents_listing/B endigo_CBD_Parking_Strategy

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Background Information

The Bendigo CBD Parking Strategy was adopted by Council 2008. The Strategy goes beyond the provision of additional car parking and recognises that there is a need to address issues around developing a sustainable movement network.

The findings of the Strategy were detailed in the report to Council on 29 February 2012, but in summary it concluded that by 2021 there would be demand for additional parking bays - 765 short term and 1,042 long term.

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Amendment C169 to the Greater Bendigo Planning Scheme was prepared to implement the findings of the Strategy into the Planning Scheme. Two of the key changes being introduced as part of C169 are to lower the standard car parking rates (ie fewer car parks will be required) and to provide a mechanism to collect cash contributions where car parking cannot be provided on site.

Previous Council Decision Dates: October 2008 February 2012

Council adopts the Bendigo CBD Parking Strategy Council resolves to exhibit Amendment C169 which implements the findings of the Strategy.

Report In February 2012 Council resolved to seek Ministerial Authorisation to prepare an amendment to the Greater Bendigo Planning Scheme. This was to be done principally through the use of a Local Planning Policy.

Subsequent to this, the Department of Planning and Community Development advised that a more appropriate planning tool to use would be a schedule to the car parking provisions in Clause 52.06 in the Planning Scheme rather than the use of a local policy.

The translation from policy to schedule was relatively straight forward and there was no loss of content. If anything the change has resulted in a stronger planning tool.

Two days prior to the exhibition, advice was received from the Department of Planning and Community Development that the long awaited changes to the State-wide planning controls were about to come into effect. The proposed changes had no material impact on the proposed local planning instrument as part of Amendment C169.

Exhibition The amendment was exhibited for an extended period of 6 weeks commencing 31 May 2012.

The exhibition process included Notice of Amendment being published in the Government Gazette and the Bendigo Advertiser on 4 occasions. Notice of the amendment was also sent to various government authorities and to the 608 land owners within the CBD and parties who had expressed an interest in the project.

As a result of this no submissions were received, which was unexpected as amendments such as this typically generate community interest.

Priority/Importance: High - The issue of car parking requirements in the CBD is a contentious one, with community views being quite diverse. This amendment will simplify decision making, ensuring that the car parking rates reflect levels of demand and respond to the issue of who pays.

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Options/Alternatives: None - the amendment has been through an extensive consultation process and it is now appropriate to adopt the amendment and put the findings of the car parking strategy into effect.

Timelines: The amendment documentation will be forwarded to the Minister for Planning for approval. This is likely to take 4-6 months before the amendment comes into effect.

Consultation/Communication The CBD Parking Strategy went through an exhaustive consultation process during its development.

The exhibition of Amendment C169 was also promoted widely.

A media briefing was undertaken with all local media outlets including print, radio and television in February prior to the Council Meeting.

The proposed changes received print media coverage.

In addition social media forums including twitter and facebook were utilised to promote the changes.

Direct meetings were undertaken with a number of individual developers the Urban Development Institute Australia (UDIA) Bendigo Chapter, key CBD landowner representatives and car parking advocates.

The activities above created a high level of community awareness and associated understanding of the proposed changes.

No submissions were received during the statutory notification period indicating a high level of acceptance of the strategy.

Resource Implications Budget Allocation in the Current Financial Year: $22,000 has been allocated in the current budget of which approximately $1,000 will be spent as there will not be a Panel Hearing.

Previous Council Support: Allocation in the 2011/2012 budget to commence the amendment process.

Conclusion The Bendigo CBD Parking Strategy (2008) went through an exhaustive consultation process during its development.

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Amendment C169 was prepared to implement the findings of the Strategy and will result in a simpler, clearer decision making process that will provide greater certainty for Council, the community and developers.

Targeted development industry engagement and extensive advertising and promotion of the amendment were undertaken and no submissions were received.

It is therefore appropriate to adopt the amendment as exhibited and forward the documentation to the Minister for Planning for approval.

RECOMMENDATION That the Greater Bendigo City Council resolve to adopt Amendment C169 to the Greater Bendigo Planning and forward the amendment to the Minister for Planning for approval in accordance with Section 29 of the Planning and Environment Act, 1987.

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2.5

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WASTE AND RESOURCE MANAGEMENT STRATEGY - PROGRESS REPORT

Document Information Author

Susan Hayes, Project Officer, Sustainable Environment Unit

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose This report provides an update on the development of the Waste and Resource Management Strategy and presents to Council a report on the City's current waste management situation (titled 'Background Paper to inform the development of the CoGB Waste and Resource Strategy').

Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2009–2013 (updated 2012) Built and Natural Environment Strategy 1.4

Reduce waste to landfill and plan for improvements to waste disposal.

Action

Complete a Waste and Resource Management Strategy covering all areas of the City’s responsibility, and develop and implementation strategy.

1.4.1

Background Information The City of Greater Bendigo is developing a Waste and Resource Management Strategy to guide how it will respond to existing and future waste and resource management issues and opportunities in the Greater Bendigo municipality.

The development of a new strategy is needed to respond to a range of factors, including: •

Increasing regulation and costs to manage landfills.

•

Limited remaining capacity at our existing disposal sites.

•

Changing policy environments and community expectations.

•

A need to clarify CoGB’s future roles and responsibilities in waste and resource management.

•

A need to make better use of the resource opportunity our waste stream provides.

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•

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To support greater awareness and responsibility for waste generation, re-use, recycling and disposal in our community.

The Waste and Resource Management Strategy is being delivered in three stages: Stage 1: Capturing our current situation Stage 2: Developing a vision for the future Stage 3: Developing options and responses Previous Council Decisions: At the Ordinary Meeting of Council on 25 May 2011, Council resolved the 2011/12 budget, including the allocation of funds to develop a Waste Strategy.

At the Ordinary Meeting of Council on 19 October 2011, Council resolved to establish a Waste and Resource Advisory Committee.

Report Stage 1 of the Waste and Resource Management Strategy project is now complete. This has included establishment of governance structures as well as development of a project plan, stakeholder engagement plan and a communication plan. The primary output however is the ‘background’ paper that captures our current situation (titled 'Background Paper to inform the development of the CoGB Waste and Resource Strategy').

While not intended as a document for public comment, it will be used as the basis for developing information bulletins and advertising material to promote an understanding in the community about the current problems and future opportunities before us all in dealing with waste. The Background paper will be made available to the public as an information resource via the City's website.

Work on stages two and three will commence shortly. Timeframes are being adjusted to accommodate the release of the State Government’s new waste policy that is expected to have important directions for Council to respond to in the strategy.

Consultation/Communication Extensive targeted consultation has occurred throughout the first stage of the project.

Consultation has included: •

CoGB staff across various departments.

•

Councillors who responded to invitation to meet with the project officer.

•

Government agencies and representatives, including Department of Sustainability and Environment, EPA, Sustainability Victoria, Regional Waste Management Groups and local government staff in other municipalities.

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•

Waste and Resource Advisory Committee: including two Councillors and 10 community members, this group represents a cross section of backgrounds and interests, including business, industry, the local sustainability group and general community.

•

Waste and resource sector: private enterprises involved in waste and resource management in the municipality. This has included organisations with and without existing contracts to CoGB.

The background paper has been reviewed by David Maltby (external waste consultant), the Waste and Resource Advisory Committee and the Project Steering Committee.

Further details of specific stakeholders are included in Appendix A of the attached background paper.

Conclusion Stage 1 of the project is complete and the background paper is ready to be made available to the public via the City's webpage. Data from the background paper will be used in accordance with the communication plan to commence the development of community understanding about the current problems and opportunities facing us in managing waste.

Work has commenced on Stages 2: Developing a future vision and 3: Developing options and responses.

RECOMMENDATION That Council: 1. Endorse the use of the 'Background Paper' for the purpose of informing the community about the existing situation in waste management for the city.

2. Make the 'Background Paper' available via Council's website.

3. Acknowledge the contribution of the Waste and Resource Advisory Committee to the development of the strategy to date.

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2.6 USE AND DEVELOPMENT OF LAND FOR A PLACE OF ASSEMBLY (THEATRE) AND EDUCATION CENTRE, REDUCTION OF CAR PARKING REQUIREMENTS AND PROVISION OF CAR PARKING OFF SITE - 10-20 GAOL ROAD, BENDIGO 3550 & PART CA14 SECTION 89C PARISH OF SANDHURST USE OF TOM FLOOD SPORTS CENTRE FOR ASSOCIATED CAR PARKING (NO PERMIT REQUIRED) Document Information Author

Peter Hargreaves, Town Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns an application to use and develop the former Bendigo Prison and an adjoining piece of Rosalind Park land for a 975-seat community theatre and education centre, to approve a reduction in car parking requirements and to provide car parking off site. Car parking for the proposal would be provided on the Tom Flood Sports Centre.

Four objections were received based on concerns over: • • • • •

Council’s decision-making process; The suitability of the site for the project; Issues around heritage impacts, building design; Car parking and traffic management; The suitability of the sale of alcohol to theatre patrons within a facility to be shared with a school.

One objection over car parking issues was withdrawn. A consultation meeting failed to resolve the concerns in two objections. The objection on the grounds of alcohol sales was lodged in late July after the consultation so three objections remain.

The site represents an innovative, adaptive re-use of a heritage site, yet poses a number of challenges due to site constraints, particularly around parking and access for deliveries.

The key issues in assessing this application are: • • • • •

The size, scale and finish of the development and its potential visual impact, particularly that of the fly tower and auditorium; Heritage impacts; Parking – both availability and impact on local residential amenity; Traffic management; Connectivity between the site and key nodes such as proposed parking sites; PAGE 64

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• •

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Access for deliveries, patrons, staff, students and vehicles; Noise and other potential residential amenity issues associated with the theatre.

Site constraints have added to the complexity of issues such as parking and access.

In terms of Council policy the City of Greater Bendigo Council Plan (as updated in 2011 and 2012), the Economic Development Strategy 2008 and the Arts and Cultural Strategy 2008-2011 there is support to provide such a facility. The use of the Tom Flood Sports Centre for associated car parking conflicts with the objectives and recommendations of the City’s Rosalind Park Master Plan adopted in 2004.

The proposal accords with the policies and provisions of the Greater Bendigo Planning Scheme and should be supported.

As the site is listed on the Victorian Heritage Register, Heritage Victoria have issued a permit (P1859) under the Heritage Act. Policy Context In the City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012) the community theatre development is one of nine major projects and relevant objectives from the plan include: 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural environment.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality urban design to create environments that support public wellbeing and economic success.

Strategy 1.1 - Plan and implement identified City projects.

3.

Community and Culture Strategic Objectives: • Increase opportunities for the expression and celebration of cultural diversity.

• Conserve and celebrate the rich cultural heritage.

Strategy 3.1.2 - Advocate for support for the region in relation to key priority areas outlines in the Loddon Mallee Regional Strategic Plan (Southern Region) 2010, Greater Bendigo 2036 plan and District Plans.

Strategy 3.4 - Develop the cultural and creative aspirations of the community to make a significant contribution to the City’s Social and Economic prosperity and quality of life for all.

The Southern Loddon Mallee Regional Strategic Plan supports the development of a performing arts centre and a convention centre in Bendigo, but no preferred site is nominated.

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Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DU/224/2012 12 April 2012 Y2 Architects (on behalf of Bendigo Senior Secondary College and City of Greater Bendigo) 10-20 Gaol Road & 39 Pall Mall, BENDIGO Public Use Zone 3 - Health & Community Public Park & Recreation Zone Heritage Overlay 139 Heritage Overlay 141

Subject Site and Surrounds There are three parcels of land involved: • 10-20 Gaol Road – 7,500 sqm parcel that comprises the former Bendigo Prison, now owned by the Department of Education and Early Childhood Development – where the bulk of the development will occur; • Part of Rosalind Park Reserve (Part CA14 Section 89C Parish of Sandhurst) – a 3,000 sqm parcel between the former gaol and the intersection of Park Road and Gaol Road– this would form the entrance to the proposed theatre; • Tom Flood Sports Centre which would be used for car parking associated with the theatre.

Rosalind Park is the city’s most important public park – a much utilised icon. It is credited with having a positive effect on the overall quality of life, cultural identity, economic viability and social stability of Bendigo.

The prison was built in the 1860s based on the ‘Pentonville’ design. The site is dominated by the original buildings including the perimeter wall with guard towers, the Marong and Sandhurst cell blocks connected to a central, circular tower, the turnkey and gaolers’ quarters and the remains of the chapel. The site is registered with Heritage Victoria.

Adjoining the north eastern wall and Park Road is the concrete box like structure that is the Bendigo Trade Training Centre building; it forms part of the Secondary College.

Whilst not the highest point in Rosalind Park, this elevated site is nonetheless prominent.

The land falls 15 metres to the east and south towards Bendigo Creek and to the north towards Barnard Street. The site itself is relatively flat with a fall of just two metres.

The site is adjacent to several important cultural and recreational facilities including Queen Elizabeth Oval; bowls, tennis and croquet facilities; View Street Arts Precinct; Tom Flood Sports Centre; Golden Dragon Museum and Dai Gum San. The site is 300m from the centre of Bendigo’s CBD, 400 metres from View Street and 400 metres from the new Bendigo Hospital precinct.

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Figure 1:

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Location map showing subject sites. objector does not live near the site.

Objectors’ properties are marked with a star. Third

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Figure 2:

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The sites for development and parking.

Proposal The application is to use and develop the site into a commercial theatre and education centre through the adaptive re-use of the prison site and its buildings.

The theatre would be a shared facility, managed by the City of Greater Bendigo as a community facility, but also used by the College for events during and outside normal school hours. The education centre would form part of the Bendigo Senior Secondary College campus.

The theatre will be used by the school, mostly during school hours and sometimes after hours and by the community. The main other uses are expected to be for: events staged by other schools and LaTrobe University, concerts, theatre productions, performances, company and community gatherings, conferences and conventions. No limitation has been proposed on operating hours.

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The theatre is designed to achieve a four star (highest possible) rating under the Australian Design and Technical Benchmarks for a performing arts space to meet the latest technical, design, access and staffing requirements and maximise its versatility.

The theatre will include: • • • • •

A substantial auditorium with seating for 975 people on two levels with orchestra pit, fly tower and full technical facilities; A fly tower that will extend 22 metres above natural surface level to allow the lifting and lowering of whole stage settings; Foyers on multiple levels linking the theatre, ticket office, cloak room and patron amenities; Back of house facilities on several levels; Interface with new music, drama, dance and media facilities in both new buildings and the gaol.

The education centre will comprise training rooms, a canteen, rehearsal rooms and food technology facilities.

The total floor area for the development is 4,964 sqm; the theatre will comprise 3,611 sqm and the education facility 1,353 sqm.

Under the plan a new forecourt and entrance will be created near the intersection of Park Road and Gaol Road. Part of the prison wall will be removed, leading to the Marong cell block which will be adapted for use as an entrance, ticket office, cloak room and performers’ change rooms. Patrons will move through the cell block and the central tower and into the theatre foyer.

A secondary entrance would be provided through the existing prison entrance located on the south western wall off Gaol Road A second section of perimeter wall would be removed in the south west corner to link the existing college with the new education centre facilities. A third section will be taken away to make way for the auditorium and fly tower. Approximately 63 metres of the wall will be removed in total.

Loading and unloading facilities are provided at the rear of the theatre and will be accessed via Gaol Road and the school precincts. The site constraints associated with this design are discussed later.

This new use as a place of assembly (theatre) and education centre requires the provision of 293 car parking spaces. No on site parking is proposed. Instead the proponents propose to provide 223 additional spaces on the adjoining Tom Flood Sports Centre through: • •

Use of the asphalted hardstand area, currently used on week days as a bus interchange (154 spaces); Surfacing of the unused gravel and grassed area, (a former cemetery) in the north east corner of the reserve (69 spaces).

The application has a shortfall of 70 parking spaces and seeks a reduction in the parking requirement.

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Amended Plans In July the applicants submitted revised plans for the materials and finish of the fly tower and for the partial demolition of the perimeter wall at the entrance. This was in response to concerns expressed by internal and external referral agencies.

Fewer materials are now used for the finish of the fly tower. The brick arches have been deleted along with an embossed motif drawn from the shape of the cell windows which was criticised as: (a) (b)

too easily confused with a religious symbol; or an unnecessary reminder of a place of incarceration.

Drawing from Bendigo’s gold rush history, the tower is now to be embossed with a pattern extrapolated from the survey maps of the original Bendigo Creek line providing surface relief, casting varying shadows dependant on orientation and time of day. The surface is intertwined with a feature material to represent lines of gold reef.

Figure 3:

Fly tower design as advertised

Figure 4: As amended

Plans for the entrance and the partial demolition of the perimeter wall have been amended twice since the application was advertised. The original entrance design opened up views to the cell blocks as noted below.

Figure 5

Entrance with wall opening as advertised

Then in response to the City’s submission to Heritage Victoria and to feedback from the Victorian Design Review Panel (VDRP) the design evolved to reduce the amount of perimeter wall to be demolished and retained a section of wall as shown below.

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Figure 6

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Amended plans –supported by COGB Heritage adviser (see later reference)

The design was then reconfigured to make changes that retain even more of the wall and provide 'keyhole insertions' as suggested by the VDRP and as required by Heritage Victoria. The final plan is shown below.

Figure 7

Final plans approved by Heritage Victoria

The final plans endorsed by Heritage Victoria, has patrons entering the theatre precinct through arches cut into the perimeter wall.

It is arguable which is the more sensitive intervention in heritage terms, both versions of the amended plans reduce the loss of perimeter wall at the entrance, with the final plans further reducing the loss of wall.

In terms of heritage impact it is considered that the design changes to the entrance have enhanced the proposal and the modified entrance design is considered to accord with relevant clauses of the Scheme as discussed below.

Key Issues The key issues in assessing this application are: • • • • • • •

The size, scale and finish of the development and its potential visual impact, particularly that of the fly tower and auditorium; Heritage impacts; Parking – both availability and impact on local residential amenity; Traffic management; Connectivity between the site and key nodes such as proposed parking sites; Access for deliveries, patrons, staff, students and vehicles; Noise and other potential residential amenity issues associated with the theatre.

Site constraints have added to the complexity of issues such as parking and access.

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Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework • • • • • •

Regional Development (Clause 11.05) Built Environment and Heritage (Clause 15) Urban Design (Urban Design principles) (Clause 15.01-2) Tourism (Clause 17.03) Car Parking (Clause 18.02-5) Education Facilities (19.02-2)

Municipal Strategic Statement • • • • •

Key Issues and Influences – Tourism (Clause 21.02) Vision – Strategic Framework (Clause 21.03) Economic Development (Tourism) (Clause 21.07) Environment (Clause 21.08) Infrastructure Objectives (Clause 21.09-2)

Other Provisions • • • • •

Public Park and Recreation Zone (Clause 36.02) Public Use Zone (Clause 36.01) Heritage Overlay (Clause 43.01) Car Parking (Clause 52.06) Decision Guidelines (Clause 65)

Permit Triggers A permit is required: • •

To use and develop the gaol site for a place of assembly (theatre) – Clause 36.01 Public Use Zone (PUZ3); To develop the theatre entrance on Rosalind Park land abutting the gaol – Clause 36.02.

This new use triggers a requirement for car parking under Clause 52.05 and bicycle parking under Clause 52.34.

Clause 52.06-3 is a recent change to the Planning Scheme and it now stipulates that a permit is required to provide car parking off site rather than on site.

But it should be noted that a planning permit is not required to use and develop the Tom Flood Sports Centre for parking associated with the theatre.

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Heritage Impacts Despite the fact that the subject site is located in a Heritage Overlay, heritage impacts such as the loss of perimeter wall and the impact of new buildings on this heritage site are not assessed as part of this application. This is because the site is listed on the Victorian Heritage Register and a permit is required through Heritage Victoria.

Based on advice from the City’s Heritage Advisor / Architect, the Statutory Planning Department made a submission to the application submitted to Heritage Victoria. Our submission generally supported the proposal but making a number of recommendations including: • •

Retention of more of the perimeter wall; Changes to the finish of the fly tower.

The application with Heritage Victoria has now been approved subject to conditions.

Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

VicRoads

No objection

Department of Transport

No objection subject to conditions

Department of Sustainability & Environment

No objection subject to conditions

Heritage Advisor / Architect

No objection to amended proposal

Parks and Natural Reserves

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Environmental Health

No objection

The application was also referred for comment to the City’s Place Manager, Coordinator of Landscape and Open Space Planning and the Urban Design Advisor. In summary the application was supported. Concern was expressed over the materials and finish originally proposed for the fly tower and recommendations for improved connectivity between the proposed development and the CBD, View Street Arts Precinct, the Bendigo Hospital Precinct and the proposed car parking site.

It is considered that the revised plans for the fly tower and proposed permit conditions relating to connectivity address the key areas of concern.

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A submission was made by the City’s Heritage Advisory Committee (HAC). Generally supportive of the project, HAC raised issues relating to heritage impacts and the HAC comments were also provided to Heritage Victoria.

The application was also referred to the Victoria Design Review Panel of the Office of the Victorian Government Architect (VDRP) for advice.

In summary the VDRP advised that: • •

The location and adaptive use of the gaol site was strongly supported as an exciting project with a rare opportunity to contribute to the civic legacy of the city; Site planning and architecture needed a more sensitive and considered response to its function and status as a shared education, community and civic facility.

The key issues to be redressed include: • • • • •

The proposal’s response to the heritage context and extent of demolition of the intact fabric; The architecture, materiality and form of the new buildings and the relationship between the existing and new fabric; The number of uses and buildings on the site and their effect on site planning; Universal accessibility and legibility to and through the site; and Appropriate servicing and delivery for the community theatre.

The Panel recommended that a heritage architect work alongside the architects to address its concerns.

The City’s Heritage Advisor / Architect assessed the proposal as follows, for a submission to Heritage Victoria’s permit assessment process: • • • • • •

The proposed use of the gaol as a community theatre is excellent and addresses the local symbolic heritage significance of the site very well; The bold intervention of the proposed theatre into the gaol complex is designed as 'performative architecture' where “the design emphasis is on dynamic use, multiple effects in material and movement through the site”; This is done admirably through the tension created by the design and layout; It embodies the latest in community theatre; The drawback to the present high level complexity of the proposal is that in the first instance there may be a ‘sense of clutter; However in my opinion this initial perception could be addressed by continual refinement of materials selection, signage and site specific interpretation imagery/installations.

As mentioned above the design of the fly tower and the theatre entrance have been amended in response to the advice of the VDRP and the Heritage Advisor / Architect and the requirements of Heritage Victoria.

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It is considered that the changes have enhanced the proposal.

Public Notification Prior to the submission of the application and during the application process, the proponent has conducted a series of press releases highlighting the progress of the project.

The application was formally advertised by way of two notices on site and more than 300 letters to adjoining and nearby owners and occupiers.

As a result of advertising four objections were received and given the nature, size and scale of the proposal, this is a surprisingly small number of objections.

One of the objections was subsequently withdrawn following consultation and of the remaining three, the grounds of objection are: 1. The decision of the Council to support the project lacks due process and is not supported by relevant policy direction or strategic framework; 2. The proposed development is incorrectly located and should be relocated to the View Street Arts Precinct; 3. Heritage impacts particularly the potential for the scale and size of the development to overwhelm the heritage place and the loss of perimeter wall; 4. Council does not have the power under the Crown Land (Reserves) Act 1978 to set aside areas of the Tom Flood Sports Centre for car parking for this development; 5. Additional parking in the reserve should not be supported; 6. The provision of parking is insufficient to support the proposed use; 7. The project will result in traffic congestion; 8. There are problems with connectivity; 9. The theatre will serve alcohol to patrons which is inappropriate for a facility to be shared with a school.

The first three items fall outside the authority of this planning assessment. Whilst the proposed use is assessed against the provisions of the Planning Scheme, items 1 and 2 relate to the decision-making processes of the applicants. Item 3 relates to heritage impacts that have been assessed by Heritage Victoria.

A planning permit would be required to allow the sale and consumption of liquor at the theatre and community amenity impacts would be addressed in assessing the application. However this application does not seek planning consent to sell or consume liquor and therefore such matters do not fall within the scope of this assessment.

The remaining items are addressed in the discussion below.

Planning Assessment & Discussion State Planning Policy Framework (SPPF) The relevant provisions of the SPPF are addressed as follows: Regional Development

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The proposal is consistent with the objectives of Clause 11.05 which aim to: • Provide for population growth and the development of facilities • Build on the strengths and capabilities of each region • Support community resilience As noted above, the Southern Loddon Mallee Regional Strategic Plan supports the development of a performing arts centre and a convention centre in Bendigo.

Built Environment and Urban Design The size and scale of the development, particularly the auditorium and the fly tower will have a visual impact. The fly tower is basically a large box, constructed of concrete tilt panels 22 metres high and up to 24 metres wide. Its size is dictated by the Australian standard for a four star facility which is based on what is needed to allow whole stage sets to be quickly lowered and raised during performances.

The fly tower rises above the prison perimeter wall and therefore would be a new element on the Bendigo skyline, sitting one metre higher, in relative terms, than the Bendigo Bank Building, but approximately nine metres lower than the Camp Hill Primary School spire and the Rosalind Park poppet head.

It will be seen from a number of points around the central city area and some key entrances to the city. However, it will not have the same dominant presence as the Bank building. In a survey by the assessing officer, to identify likely ‘visual impact points’ it was found that, aside from areas like the Barnard Street – Tom Flood Sports Centre precinct, for the most part the fly tower would be hidden from view by other, more immediate buildings or by foliage or the sightings will be ‘glimpses’ caught between buildings and through the street tree canopy.

The tiered building form with horizontal lines accentuates the auditorium and reduces the perception of the fly tower’s height and bulk. By reducing the visual dominance of the fly tower, greater emphasis is placed on the texture and detail of the heritage fabric in the foreground and the simplicity of the fly tower in the background. The palette of materials and colours used is deliberately restrained.

Clause 15 -Built Environment and Heritage - sets out design principles that should be applied to this kind of development: • Protection and enhancement of the public realm, • Enhancing personal safety, • Protecting and enhancing landmarks, views and vistas, • Heritage, • Achieving a balance of light and shade and avoiding undesirable overshadowing, • Energy and resource efficiency, • Architectural quality and landscape architecture.

The following addresses these principles: Public Realm, Landmarks, Views and Vistas

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The proposal clearly impacts on an iconic area of public open space – Rosalind Park and its environs. Whilst the examination of heritage impacts lies with Heritage Victoria, this assessment must consider the impact of the new buildings beyond the subject site.

The design response utilised reasonable steps to mitigate the impact of these large but essential elements in order to protect the public realm, views and vistas by: • Locating the fly tower at a more ‘remote’ point of the site and where the public interface is at its minimum.

• Setting the building 750mm below natural ground level.

• Designing the auditorium as a step up between the lower level buildings and the fly tower to soften the contrast.

It is considered that the amended plans, which are supported by the Heritage Advisor / Architect, further mitigate the potential impacts of the fly tower respond to the recommendations of the VDRP and ensure that the impact on Rosalind Park and surrounds is not detrimental.

Light and Shade and Avoiding Undesirable Overshadowing The location of the largest elements of the building in the south eastern corner of the site removes the risk of overshadowing communal outdoor spaces and enables both teaching spaces and public spaces within the complex to take best advantage of solar orientation to maximize use of daylight.

Energy and Resource Efficiency The design contains various energy and resource efficiency measures including: • Passive solar heating • High efficiency heating and cooling systems • Use of thermal mass to regulate internal ambient air temperatures • Reduced reliance on artificial lighting • Maximum use of low energy, low maintenance light fittings • Increased insulation.

These approaches are reasonable given the budget and constraints of the project.

Architectural Quality and Landscape Architecture Whilst the VDRP sought a more sensitive and considered approach to both site planning and architecture, the City’s Heritage Advisor / Architect supports the design as a bold example of ‘performative’ architecture (design that responds to both its use as a theatre and interpretation of the site’s history as a gaol) that embodies the latest in community theatre design. Where the VDRP sees an eclectic mix of massing, finish and feel, the City’s Heritage Advisor / Architect sees the use of multiple patterns, spaces and irregular and shifting elements as an admirable response to a constrained heritage site that is deliberately designed to excite interest and create an interactive environment.

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On balance it is considered that the overall design has benefited from the revisions that arose through the recommendations of the VDRP and collaboration with the City’s Heritage Advisor / Architect. The final product is a new, contemporary element to the city skyline and public realm that not only will excite interest but which accords with urban design objectives of Clause 15.

Tourism and Infrastructure The proposal accords with the objectives of encouraging well designed and located tourism facilities (Clause 17.03) and secondary education facilities that have accessible public transport (Clause 19.02-2.

Car Parking The off street parking proposal and the event traffic and parking management plans that will be required as part of the permit are sufficient to protect the amenity of the nearby residential precincts from road congestion (Clause 18.02-5). Car parking is discussed in more detail later in the report.

Municipal Strategic Statement (MSS) Environment Clause 21.08 recognises Rosalind Park as an important open space area. Its strategy for public land and open space calls for the implementation of a revitalization program for Rosalind Park and other parks and gardens. However it does not name the program or reference the Rosalind Park Master Plan 2004. It therefore can only be considered relevant to a very limited degree in guiding this assessment.

Vision – Strategic Framework The proposal is consistent with Clause 21.03, specifically: • Developing Bendigo as the prime commercial and service centre of the region; • Being a desirable visitor destination.

The plan for the theatre entrance to extend into a part of Rosalind Park will not materially impact on the objective to increase the accessibility and availability of public places (Clause 21.03).

Economic Development The proposal also meets key economic development objectives and strategies of Clause 21.07 including: • Reinforcing the CBD as the centre of activity; • Enhancing cultural tourism opportunities (around the Bendigo Art Gallery, Rosalind Park, the Golden Dragon Museum and Chinese Garden); • Appropriately locating car parking to meet the needs of retailers, businesses, residents, institutions and visitors; • Creating opportunities for tourism to contribute to economic and social growth; • Identifying sites for conference facilities (Clause 21.07);

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•

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Developing infrastructure projects that will enhance the quality and diversity of the tourism product.

Infrastructure The proposal also supports the infrastructure strategy of encouraging educational uses in and around the Bendigo CBD. Council Policy Direction - Use of the Sites City of Greater Bendigo policy which has relevance to the proposed use of the site for a theatre and education centre is contradictory.

The updated City of Greater Bendigo Council Plan for 2009-2012 supports the development of the theatre project, whilst the Economic Development Strategy 2008 supports the provision of high quality entertainment facilities as does the Arts and Cultural Strategy 2008-2011. Only the Council Plan identifies the gaol site for this facility.

Vision: A New Masterplan for Rosalind Park, 2004 is specific in its guidance and the proposal conflicts with its objectives and recommendations. This strategy, which views with concern the growing use of the reserve for car parking aims to return Tom Flood Sports Centre to parkland. Its key recommendations include: 0-5 years • Providing a park buffer at the rear of the Bridge Street buildings (where car parking is currently set aside).

20-30 years: • Developing the sports centre into parkland; • Removing asphalt parking; • Relocating the bus interchange.

The Master Plan sees an opportunity to “carefully manage the re-use of the gaol”, but ultimately dedicating more land, what it terms "the state precinct", back to Rosalind Park.

The Open Space Strategy 2005 refers to implementing the Master Plan for Rosalind Park.

Whilst there is Council policy broadly supporting the development of such a community facility, the Rosalind Park Master Plan is unambiguous in its position, particularly on the use of the Tom Flood Sports Centre for car parking. The Plan clearly envisaged adoption of its recommendations into a future amendment to the Planning Scheme.

Whilst a Planning Scheme review in 2006 and resulting amendments implemented a number of strategies; the Master Plan was not among them. Nor is it proposed to be implemented in the current, 2011 Planning Scheme review.

In terms of guiding this assessment it is noted than none of the policies mentioned above, has status under the Greater Bendigo Planning Scheme. As a consequence these policies can only be considered relevant to a very limited degree in guiding this assessment.

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Zoning Provisions - The Proposed Use The former gaol, which accounts for almost the entire development site is zoned Public Use (PUZ3 Health and Community) whilst the site of the entrance and forecourt is zoned Public Park and Recreation (PPRZ).

Because of the two different zonings, a planning permit is required to use the former gaol site for a place of assembly and education facility, but no permit is required to use the Rosalind Park land.

In terms of use of the land for an education centre and for a theatre facility shared between the school and the community it is noteworthy that the gaol site is now owned by the Department of Education and Early Childhood Development.

Whilst Clause 36.01 Public Use Zone (PUZ3) provides no further guidance on appropriate uses and little restriction on potential uses for the gaol site, the proposed use as a community theatre would not appear to be in conflict with the zone.

In accordance with the decision guidelines Council must consider, as appropriate: • • •

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies; The comments of any Minister or public land manager having responsibility for the care or management of the land or adjacent land; Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines.

The application is considered to comply with these guidelines for the following reasons: • • •

It accords with the relevant clauses State and Local Planning Policy Framework and local planning policies and outlined above; The application was referred to Department of Sustainability and Environment as the Crown Land manager who consented to the application being made and offered no objection to the issue of a permit; The location and design response are appropriate

Zoning Provisions - Development and Works Under the Public Use Zone (PUZ3 Health and Community) and the Public Park and Recreation (PPRZ), a permit is required for the development and works.

A planning permit is not required to use and develop the Tom Flood Sports Centre for car parking. The written consent of the relevant Minister is required. This is discussed later in the report.

Parking Provisions Under Clause 52.05 the car parking requirement for the proposed use is 293 spaces based on the following: • Place of Assembly (theatre) 0.3 spaces for every seat = 293 spaces.

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Of note is the fact that the use of the facility by the school does not require any additional parking.

The site constraints associated with this adaptive re-use of the gaol are such that the required parking cannot be provided on site and an optimal parking solution was not possible.

The application proposes to meet the car parking requirements of Clause 52.06 by using the Tom Flood Reserve for parking: Construction of car park in north east corner (former cemetery) Use of the asphalted area Total

69 spaces 154 223

Total spaces required under Clause 52.06

293

Reduction in requirement sought

70

The parking and traffic issues can be summarised as follows: • • • • • • •

Council’s legal authority to provide for parking in the Tom Flood Sports Centre for the development; Whether this is an appropriate use of the Tom Flood Sports Centre; The desirability of developing a car park over a former cemetery site for European settlers/pioneers; The adequacy of the car parking provision; The provision of the car parking at another site; Connectivity between the proposed parking and the theatre; Impact on local amenity.

These issues are addressed as follows: Legal Advice In its referral response DSE noted that the provision of car parking on the Tom Flood Sports Centre for the theatre was not consistent with the Rosalind Park Regulations and that these should be changed to reflect the proposal.

In 2010, the Victorian Government Solicitor’s Office advised the City that under the Crown Land (Reserves) Act 1978 it could override the Regulations to make parts of the reserve available for car parking, subject to prior Ministerial approval. Before giving consent the Minister must be satisfied there is a community need and the parking needs of Park patrons will be adequately catered for.

The use will require written consent from the relevant Minister following determination of this application. The permit will be conditioned accordingly.

Further legal advice, obtained by the proponents in July this year confirms the advice of the Victorian Government Solicitor’s Office.

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In summary, it is clear from both sets of legal advice and the referral response of DSE that Ministerial consent will be required to use the Tom Flood Sports Centre for car parking and that the Minister must be satisfied there is a community need and the parking needs of Park patrons are adequately catered for.

Given that adequate provision of car parking is an essential element of the proposal, it is extremely important that the responsible authority can be completely assured that the car parking as proposed is provided as proposed.

Given that the parking at Tom Flood is reliant on another approvals process the planning permit condition for parking needs to be drafted so as to ensure the parking is provided but also allows flexibility for the parking to be resolved in a timely manner.

Consequently the condition of the permit has been worded so that work can begin on the development of this project, but it stipulates that the parking must be provided prior to the commencement of the use. The condition will at the same time allow for the unlikely event that Ministerial consent cannot be obtained.

Determining an Appropriate Use A planning permit is not required to use or develop the Tom Flood Sports Centre for car parking associated with the theatre, but the provision of car parking for this new use of the gaol site for non-school activities is a requirement under the Planning Scheme.

The decision to use the Tom Flood Sports Centre site for car parking was made by the City which is the Committee of Management for the reserve. The Department of Sustainability and Environment, as the public land manager, has advised it has no objection to the issue of a planning permit for the proposal or to the use of the Tom Flood Sports Centre for associated car parking.

The Cemetery The area to be resurfaced for a car park formed part a cemetery which extended from Cemetery Street for 170 metres to the north eastern corner of the reserve behind the Coliban Water offices. Up to 600 Bendigo ‘originals’ were buried here. When the cemetery closed the site went through a number of uses including for stock pavilions for the Bendigo Showgrounds. Over the years the natural ground level was covered in several metres of earth drawn from various construction sites. Most of the original cemetery site is already occupied for car parking.

A report by the City’s Heritage Planner in March 2011 concluded that an extension of the car park over the remaining area would not be a concern, provided that any associated works did not disturb any remains. Given the level of fill on the site there is little risk of this. The report recommended that recognition should be provided in the form of interpretive signage on site and the permit can be conditioned accordingly.

It can therefore be concluded that the extension of car parking over the remainder of the cemetery area is appropriate.

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Adequacy of the Proposed Car Parking for the Use Clause 52.06-6 sets out a range of considerations when assessing an application for a reduction in car parking requirements, including whether there is sufficient alternative parking available to theatre patrons, any impact on amenity for nearby residential areas, access to public transport and the availability of end of trip bicycle storage.

Peak patronage is expected to occur at evening and weekend events, although the strategy will be to also attract performances and conferences during weekdays.

As mentioned above, additional car parking is not required under Clause 52.06 for the education centre. Effectively the provision of car parking is only required for non school activities.

The application is supported by a Traffic Impact Assessment Report which surveyed the availability of existing off street and on street car parking within a range of distances from the subject site at various times on weekdays and the weekend.

The report found that, based on the surveys and with the provision of car parking on the Tom Flood Sports Centre, there would be sufficient on street and off street parking available within 400 metre walking distance to offset the shortfall.

Buses servicing various suburban routes stop on Barnard Street near the tennis courts.

The plans provide for adequate bicycle parking.

Parking Provided on Another Site Since the application proposes to provide the car parking spaces on another site, consideration also needs to be given to: • • •

The proximity of the car parking to the subject site; The likelihood of the long term provision and availability of the car parking spaces; Its connectivity to the theatre.

The asphalted area is 150m from the theatre entrance. The unsurfaced area is between 250 and 330 metres from the entrance, depending on the route taken. This range represents a 1.5 to 3.5 minute walk to the theatre and is considered satisfactory.

In terms of availability, the asphalted area is used as a school bus interchange on school days and therefore will not be available for car parking at those times.

The Department of Transport has no objection to the use of the bus interchange area outside school hours, subject to a permit condition requiring that the use of the site be managed to ensure that no cars are left on the site that would impede its use as the bus interchange.

The applicant was required to provide further data from the surveys to indicate whether sufficient on and off street parking would be available during peak theatre demand if the Tom Flood Sports Centre was not available.

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The revised data showed that sufficient parking would be available through on and off street sources except during business hours. During business hours there would be a shortfall of 100 car parking spaces within 400 metres walking distance of the venue. In other words, if the Tom Flood Sports Centre was not available at a time of peak theatre demand during business hours, parking for approximately 100 vehicles would need to be found at distances of 400 to 600 metres walking distance from the theatre.

Whilst perhaps not an optimum solution, the need for some patrons to walk further than 400 metres in what would be unusual circumstances is not considered unreasonable or sufficient grounds to oppose the proposal.

Two objectors dispute the accuracy of the revised data provided by the applicant’s consultants and the legality of using the Tom Flood Sports Centre for this purpose.

A further concern is the adequacy of parking and traffic management when events are planned to run concurrently at the theatre and the Tom Flood Sports Centre, such as the International Madison weekend.

For these occasions it is essential that a parking and traffic management plan is prepared that also protects amenity for local residents. It is beyond the scope of this application to place this obligation on events planned for the Tom Flood Sports Centre, therefore the obligation must be placed on the theatre managers.

It will be a condition of the permit that when events are planned to run concurrently at both the Tom Flood Sports Centre and the theatre, the theatre operators will be required to prepare a comprehensive parking and traffic management plan covering both events.

Connectivity The VDRP makes a valid point that further work is required to improve pedestrian connectivity between the proposed parking areas on the Tom Flood Sports Centre and the theatre. A lot of effort has been put to try and resolve this issue and a concept plan has been developed which proposes improved pedestrian linkages between the car parking sites and along Park Road to the theatre.

It will be a condition of the permit that these works are completed before the use of the facility can begin.

Other Matters Traffic Impacts and Management The proposal, including the Traffic Impact Assessment Report (TIAR), was assessed by VicRoads and the City’s Traffic Engineer.

VicRoads offered no objection to the proposal and concluded that no mitigating works were required on surrounding arterial roads to cope with any additional traffic generated by the development.

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The City’s Traffic Engineer concluded that while some congestion could not be ruled out at peak times, such congestion would be in the immediate vicinity of the entrance and the local and arterial road network could accommodate the additional traffic.

Adequate provision for drop off and pick up, particularly disabled patrons, is essential universal access to the theatre. The permit will be conditioned to ensure adequate provision is made for this outside the theatre entrance. According to the Traffic Engineer there is ample space to provide turn points for both cars and buses to pickup and drop off patrons at or beside the entrance.

At least one objector expressed concern that the ‘left turn only’ control over traffic entering Barnard Street from Park Road diverted vehicles away from the proposed car parking. This limitation means that vehicles wishing to reach the Tom Flood Sports Centre must either: • Keep turning left and approach from Pall Mall or • Execute a U turn at Waterloo Street to reach Water Street.

The Traffic Engineer supports this arrangement without change. He concluded that the left turn into Barnard Street followed by a U turn from a protected lane is a safer option than allowing traffic to turn right out of Park Road. Further, this intersection control was introduced with the support of VicRoads to enhance traffic flow and safety.

In conclusion, traffic issues can be appropriately managed.

Servicing and Deliveries The available space for theatre servicing and deliveries is limited, particularly at the rear of the theatre. Large trucks will need to reverse down the last leg of Gaol Road into the school grounds and to the rear of the theatre. Smaller trucks will find the space to turn and can therefore enter and leave in a forward direction.

The very narrow access for delivery trucks is not optimal and raises concerns of pedestrian safety, particularly as this public space lies within a school setting. The proposal also necessitates a redesign of Gaol Road where it turns south east towards the school to allow room for trucks to manoeuvre into position to reverse into place. The permit will be conditional accordingly.

The theatre proposal can only be supported if appropriate safety protocols are put in place for all delivery vehicles that cannot enter and leave the site in a forward direction.

These protocols would prevent deliveries by larger vehicles (those exceeding 2 tonnes) during school hours and as a public safety measure would require marshalls to accompany all vehicles on foot.

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Figure 8:

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Site plan for the theatre and education centre

General Connectivity A concern for this proposal is to ensure there is adequate connectivity and linkages between the subject site and other key nodes, particularly for pedestrians and cyclists.

A limiting factor of this application is that the extent of the works is constrained to the gaol site and the immediate entrance/forecourt area. As a result the application does not address issues of connectivity other than in concept form.

The applicants argue that to do otherwise would pre-empt work taking place to develop an Upper Rosalind Park Movement Framework as part of the Public Domain Guidelines.

For this development to fully integrate within the broader urban framework of central Bendigo, comprehensive plans and future works are needed to ensure appropriate linkages and way finding between the theatre and: • The proposed parking areas on the Tom Flood Reserve; • The CBD via lower Rosalind Park; • Barnard Street, including its bus stops; • The View Street Arts Precinct; • The Bendigo Hospital precinct.

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Final landscaping plans will also be required for the land either side of the proposed entrance.

The assessing officer has reviewed the preliminary concept plans for the Upper Rosalind Park Movement Framework. It is considered that these plans, whilst still in the formative concept phase, address the key connectivity and way finding requisites for this development. It will be a condition of the permit that these concept plans (generally excluding any landscape works on the school site) form the basis of final design and that the necessary works are completed before the theatre can be used.

Figure 9:

Concept plan – options for Movement Framework for Bendigo Theatre Precinct

Liquor Sales The plans include a bar area and this is separated from the canteen and school food preparation facilities. It would be managed by the theatre manager and not the school.

The school will not have access to the bar area and separate planning approval will be required for any liquor sales.

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Conclusion The aim of the State Planning Policy Framework is to foster Victoria’s Planning objectives through policies and practices that integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.

Very few opportunities have arisen across the State of Victoria for adaptive reuse of old gaols. This proposal creates a highly innovative adaptation of a key heritage asset and provides a remarkable opportunity to preserve and reinvigorate the former gaol.

Whilst various internal and external referral agencies have commented on the detail of the design there is unanimous support for the concept of using the gaol site for this purpose. Importantly, for such a site of such heritage significance, it has the approval of Heritage Victoria.

When assessed against the strategic and statutory policies of the State, the City, and the Greater Bendigo Planning Scheme; and having regard for the heritage of the site, the site constraints, its impact on parking and delivery access, this proposal, will create a net community benefit.

It is concluded and recommended that Council approve the application.

Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit.

RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the use and development of land for a Place of Assembly (theatre) and Education Centre, reduction of car parking requirements and provision of car parking off site at 10-20 Gaol Road, Bendigo 3550 & Part CA14 Section 89C Parish of Sandhurst subject to the following conditions: 1. REVISED PLANS Before the use and/or development commences, three copies of revised plans drawn to scale and dimensioned, 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 generally be in accordance with the submitted plans but modified to the satisfaction of the responsible authority to show: 1.1 Any design changes to respond to Heritage Victoria's approval; 1.2 Schedule of all external materials and finishes; 1.3 Full detail of proposed external lighting; 1.4 Full details of all proposed, externally located plant and equipment (including refrigeration, hot water systems, air conditioning and heating);

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1.5 Construction management plan, in accordance with condition (6); 1.6 Waste management plan, in accordance with condition (7).

2. LANDSCAPING COMPLETION AND MAINTENANCE 2.1. Before the use starts, three (3) copies of a landscape plan must be submitted for approval to the responsible authority. The plan must show the proposed landscape treatment for the vicinity of the theatre entrance on Gaol Road and include supporting information to the satisfaction of the responsible authority.

When approved the plan will form part of the permit.

2.2 Design objectives are to include: (a) A reduction in the provision of car parking outside the Trade Training Centre to one space only; (b) Appropriate treatment to minimise the visual impact of the access road to the centre; (c) A redesign of the existing stairway and its incorporation into the entrance forecourt.

2.3 The plan should also show: (a) Areas proposed to be lawn, pavement, garden beds, other landscape features; (b) Proposed tree location, shrub and ground cover groupings, climber locations; (c) Any trees proposed to be removed; (d) Means of protecting trees during construction; (e) A plant schedule; (f) Supporting notes on the plan.

3. CONNECTIVITY PLANS REQUIRED Before the use commences, 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 three copies must be provided. Where relevant the plans must be generally in accordance with the concept plan Bendigo Theatre Precinct, 120209-UD16A, prepared by Deicke Richards and dated 31 July 2012. The plans must include: 3.1 The development of pedestrian connections for day and night use (AS/NZ 1158.0-2005/Amdt 2-2010) between the permitted theatre and key locations including: (a) The car parking areas for the theatre located on the Tom Flood Sports Centre (b) Along Park Road from Gaol Road to lower Park Rd (c) Barnard Street, (d) The View Street Arts Precinct and (e) Lower Rosalind Park; 3.2 Provision of a pedestrian crossing on Park Road between the Tom Flood sports Centre and the theatre entrance, lit for night time use in accordance with AS/NZ 1158.0-2005/Amdt 2-2010.

3.3 The redesign of Gaol Road to: (a) Provide a vehicle pick up and drop off point for disabled patrons (in accordance with AS/NZ 2890.6) as near as possible to the theatre entrance;

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(b)

To provide access for trucks making deliveries to the rear of the theatre to manoeuvre into position to reverse into place.

3.4 Disabled parking (in accordance with AS/NZ 2890.6), pedestrian linkages and bicycle parking for employees and visitors at the second entrance, known as the horseshoe, off Gaol Road.

4. PARKING AND TRAFFIC MANAGEMENT PLANS Before the use commences a Traffic and Parking Management Plan must be submitted and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. Traffic and parking operations on the site and on the Tom Flood Sports Centre must conform to this endorsed Plan.

Three copies of the Plan must be provided.

4.1 The Plan must include: (a) The location of all areas on and off site to be used for staff and patron parking; (b) The means, including signage, by which the direction of traffic, the parking itself and pedestrian flows to and from the parking will be controlled both on site and on the Tom Flood Sports Centre; (c) Measures to discourage patron parking on the asphalted area used for the bus interchange when this area is not available for parking; (d) A green travel plan that includes public transport options and measures to enhance access between the theatre and public transport; (e) Location of up to 100 alternate car parks of distances between 400 - 600 metres walking distance from the entrance to the theatre and methods for improving way finding to and from these facilities; (f) Provision for and management of buses.

4.2 When events are to be held concurrently on the Tom Flood Sports Centre and at the theatre and/or education centre, before the theatre can be used a Traffic and Parking Management Plan for both events must be submitted to and approved by the responsible authority. Three copies of the plan must be provided. The Plan must include: (a) The location of all areas on and off site to be used for staff and patron parking; (b) The means by which the direction of traffic, the parking itself and pedestrian flows to and from the parking will be controlled (eg use of marshalls) both on site and on the Tom Flood Sports Centre; (c) A green travel plan that includes public transport options including enhancing access to the theatre from these locations; (d) Management of buses.

5. PLAN OF NEW CAR PARK TOM FLOOD SPORTS CENTRE Before the use commences, 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 three copies must be provided. The plans must be generally in accordance with the submitted plans but modified to the satisfaction of the responsible authority to show: 5.1 A detailed integrated car park/landscape plan for the Tom Flood Sports Centre.

Design objectives to include provision of at least 69 spaces on the grassed area in the north east corner of the reserve, vehicle access from both Park Road and the reserve, retention of existing trees on site; PAGE 90

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6. CONSTRUCTION MANAGEMENT PLAN Before the construction works commence, a Construction Management Plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the Plan will be endorsed and will then form part of this permit. The Plan must also include: 6.1 Short term parking arrangements for and in the immediate vicinity of the site; 6.2 Days and hours of construction; 6.3 Site security; 6.4 Measures to minimise noise and dust; 6.5 Access of construction vehicles; 6.6 Safety plan to protect students, staff and visitors during deliveries to the site; 6.7 Any other relevant matter.

All works must accord with the endorsed plan.

7. WASTE MANAGEMENT PLAN Before construction works start, the applicant is to submit a Waste Management Plan to the responsible authority detailing the manner in which waste will be stored and collected including type, size and number of containers, spatial provision for on-site storage of same, the size of the collection vehicle and frequency, time and point of collection. Garbage receptacles are not to be stored on the street at any time. Such Waste Management Plan must be to the satisfaction of the responsible authority.

When approved the Plan will be endorsed and form part of the permit.

8. SERVICING AND DELIVERY SAFETY PLAN Before the use starts a Servicing and Delivery Safety Plan for the management of all servicing of and deliveries to the theatre 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 plans must be drawn to scale with dimensions and three copies must be provided. The plans must include: 8.1 The means by which deliveries to the theatre will be supervised, including through the deployment of marshalls, in order to protect the safety of all staff, students and visitors; 8.2 The plan will be reviewed to the satisfaction of the responsible authority one year after the occupation and use and occupancy of the theatre and education centre has commended.

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

10. MINISTERIAL CONSENT Except with the prior written consent of the responsible authority, the use of the theatre must not commence before the City of Greater Bendigo obtains written consent from the Minister responsible for the Crown Land (Reserves) Act 1978, or other relevant legislation, for the use of the Tom Flood Sports Centre for car parking for the theatre including: 10.1 Use of the area in the north eastern corner for an additional 69 car parking spaces; 10.2 Use of the asphalted area used as a bus interchange (154 spaces).

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11. CAR PARK CONSTRUCTION Except with the prior written consent of the Responsible Authority, the use or occupation of the permitted theatre must not commence before the area(s) to be used for the parking of vehicles and access lanes on the Tom Flood Sports Centre (with the exception of the area used as a bus interchange) must be: 11.1 Constructed to provide no less than 69 spaces; 11.2 Properly formed to such levels that they can be used in accordance with the plans; 11.3 Surfaced with an all-weather-seal coat; 11.4 Drained; 11.5 Line marked to indicate each space and all access lanes; 11.6 Clearly marked to show the direction of traffic along access lanes and driveways to the satisfaction of the responsible authority; 11.7 Loading and unloading; 11.8 The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

Requirements 11.1 to 11.7 may be amended, subject to the approval of the responsible authority, if the City of Greater Bendigo chooses to develop the subject areas on the Tom Flood Sports Reserve so that they can be used for both car parking and for parkland. The revised plans must be to the satisfaction of the responsible authority.

12. CAR PARK MAINTENANCE Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

13. LANDSCAPE MAINTENANCE The landscape area(s) shown on the endorsed landscape plan must be planted and maintained to the satisfaction of the responsible authority.

14. CONSTRUCTION AMENITY 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.

15. DEMOLITION ACTIVITY All activities associated with demolition must be carried out to the satisfaction of the responsible authority and all care must be taken to: 15.1 Minimise the effect of such activities on the amenity of the locality; 15.2 Protect the safety of students, staff and visitors.

16. ACCESS Access to the site and traffic management must comply with the Transport Impact Assessment Report (TIAR).

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17. SIGNAGE Any proposed signage shall be subject to separate approval by the responsible authority and shall not have flashing or intermittent light and shall not be internally or externally illuminated except with the prior written consent of the responsible authority 18. DIRECTIONAL SIGNAGE A sign/signs to the satisfaction of the responsible authority must be provided directing drivers to the area(s) set aside for car parking and must be located and maintained to the satisfaction of the responsible authority. The area of each sign must not exceed 0.3 square metres.

19. DELIVERIES – THEATRE Except with the prior written consent of the responsible authority, no deliveries can be made between 8.00am and 4.30pm on school days, if the delivery vehicle cannot enter and leave the site in a forward direction.

The Service and Delivery Safety Plan, prepared in accordance with condition (8), must be implemented for all deliveries involving vehicles that cannot enter or leave the site in a forward direction.

20. UNLOADING OF VEHICLES The loading and unloading of vehicles and the delivery of goods must at all times be undertaken within the boundaries of the subject site 21. COMPLETION OF WORKS Before use and occupation of the theatre and education centre can commence all buildings and works specified in this permit including but not limited to the following must be completed to the satisfaction of the Responsible Authority: 21.1 Landscaping works; 21.2 Connectivity works; 21.3 Provision of disabled parking and pick up and drop off points; 21.4 Car park construction.

The responsible authority must be advised in writing when all construction and works are completed to enable the site to be inspected.

22. 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.

23. NOISE EMISSIONS Any equipment required for refrigeration, air-conditioning, heating and the like must be located on the subject land and/or must be suitably insulated for the purpose of reducing noise emissions, to the satisfaction of the responsible authority.

24. OUTDOOR LIGHTING Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the land.

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25. PUBLIC ADDRESS SYSTEM Any form of public address system, where provided, must only be audible within a building on the land.

26. STORMWATER DRAINAGE Drainage plans, including computations and longitudinal sections, must be provided to and approved by the responsible authority for the development to the responsible authority’s nominated point of discharge. Once approved, the plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of the responsible authority.

27. FORMER CEMETERY SITE 27.1 Before works can begin on construction of car parking on the Tom Flood Sports Centre in the vicinity of the former Sandhurst Cemetery, the applicant must undertake an archaeological survey of the site.

27.2 Interpretation proposals for commemorating the former Sandhurst Cemetery must be developed and implemented to the satisfaction of the responsible authority in consultation with the community and other stakeholders including the Bendigo branch of the National Trust and Bendigo Historical Society.

27.3 If any suspected human remains are found, during construction of the car parking area(s) work in the area must cease pending further site assessment.

27.4 If there are reasonable grounds to suspect that the remains are Aboriginal, the discovery should also be reported to Aboriginal Affairs Victoria and the provisions of Division 2 of Part 2 of the Aboriginal Heritage Act 2006 will apply.

28. AMENITY OF THE LOCALITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by reason of the activities carried on, including through the emission of noise or artificial light.

29. OTHER AUTHORITIES The permit holder must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to the land in accordance with the authority’s requirements and relevant legislation at the time.

30. PUBLIC TRANSPORT VICTORIA CONDITIONS – TOM FLOOD SPORTS CENTRE Prior to the commencement of the use, a Transport Management Plan, must be submitted to and deemed satisfactory to Public Transport Victoria. The Plan must demonstrate how conflicts between car parking demands (particularly ‘overflow parking’ demands) will be managed as to avoid conflicts with the existing bus interchange. It should also assess risks and demonstrate how contingencies will be developed. When endorsed the Transport Management Plan will form part of the permit.

Prior to the commencement of the use, provision must be made for an area on site suitable for coach parking to the satisfaction of Public Transport Victoria

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31. PERMIT EXPIRY This permit will expire if the development permitted by this permit is not commenced within five years from the date hereof or if the development is not completed and the use permitted by this permit is not commenced within seven years from the date hereof or if the use is discontinued for a period of two years. The time within which the development must be completed and the use must commence may, on written request made before or within three months after the expiry of the permit, be extended by the responsible authority.

Note: This permit must be read in conjunction with permit P18590 issued by Heritage Victoria.

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2.7 REVISED PLANS - CONSTRUCTION OF ONE 2 STOREY DWELLING, THREE 3 STOREY DWELLINGS AND A FOUR LOT SUBDIVISION - 232 VIEW STREET, BENDIGO Document Information Author

Chris Duckett, Co-ordinator Land Use

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Council refused the planning application for the construction of one 2 storey dwelling, three 3 storey dwellings and a four lot subdivision at its meeting on 23rd March 2012 for the following reasons.

1.

The proposal failed to provide an adequate level of car parking.

2.

The proposal failed to provide a manageable vehicular access arrangement due to utilisation of land outside the applicant’s control.

3.

The proposal failed to provide adequate daylight into three of the dwellings.

The applicant has appealed Council's decision to the Victorian Civil and Administrative Tribunal (VCAT) and amended plans have been submitted which seek to address the grounds of refusal. A VCAT hearing was held on 24th July 2012 but was adjourned as the applicant had not served notice of the amended plans on all affected parties. It is anticipated that the hearing will reconvene in September or October of this year.

Council is required to consider whether the amended plans sufficiently address the reasons for refusal in order to give the Council's legal representative direction at the VCAT hearing.

This report assesses the merits of the amended plans and recommends that Council support the granting of a permit based on the amended plans.

Policy Context City of Greater Bendigo Council Plan 2009 – 2013 (updated 2011) 1.

Built and Natural Environment Strategic Objectives: • Value, conserve and enhance the rich built and natural environment.

• Achieve high quality outcomes in planning and policy activities.

• Encourage and foster high quality urban design to create environments that support public wellbeing and economic success.

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Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DSD/679/2011 31 August 2011 Planwise Design Pty Ltd 232 View Street, BENDIGO Residential 1 Zone (R1Z) Heritage Overlay 1 (HO1)

The proposed changes to the plans The substantive changes to the plans are as follows: •

Lot 1 and dwelling 1 have been moved to the northern boundary which has been made possible by the relocation of a power pole. This has enabled an additional two parking spaces to be provided on site for dwellings 3 and 4

•

Rearrangement of internal layout to improve the provision of daylight to habitable rooms.

The changes have resulted in the following revised configuration of the subdivision.

Lot

Original Area

Lot Original Lot Frontage*

Revised Area

Lot Revised Lot Frontage*

Lot 1

143.3m2

7.97m

108.1m2

5.51m

Lot 2

82.5m2

4.24m

98.6m2

5.06m

Lot 3

82.5m2

4.24m

82.5m2

5.06m

Lot 4

89m2

4.53m

105.1m2

5.35m

Common 127m2 5.15m 113.9m2 Property * Lot frontage measurement excludes party walls

5.15m

The revised development component would comprise a terrace of four dwellings with following configuration: Dwelling

Height

No. Bedrooms

Amenity Space

Parking

Dwelling 1 Two storeys

2 Bedrooms

Two balconies

One space

Dwelling 2 Three storeys

3 Bedrooms

Three balconies

Two spaces

Dwelling 3 Three storeys

3 Bedrooms

Three balconies

Two spaces

Dwelling 4 Three storeys

3 Bedrooms

Three balconies

Two spaces

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Assessment of changes against the grounds of refusal Refusal Ground 1 The original application had a shortfall of a single car parking space to each of dwelling 3 and 4. The revised plans have now provided the number of spaces required by the Planning Scheme.

Refusal Ground 2 This ground was in respect of a vehicle reversing from the garage in dwelling 4 into the right of way adjoining the site. The plans do not address this ground.

The right of way serves three properties, the subject site, the Park View Hotel and the Oval Motel. As advised in the original report these properties are all in separate ownership.

At this point in time, the right of way is not being used by any of the three properties, in fact the current built form on the motel site prevents vehicles from entering or exiting via the right of way. However the City's Assets and Presentation team have received a request to discontinue the right of way and sell the land to the owners of the Park View Hotel whom it is understood are proposing a modest residential development of the site.

As Assets officers were aware of this proposal, the owner of the subject site was approached to see if they were interested in purchasing a portion of the road which would allow the turning circle to be contained within the site, thus overcoming Council's ground of refusal.

If the sale of the right of way does not proceed, this development if approved would not prevent the right of way being used into the future as no obstructions will be built over the right of way.

In the event that either the hotel or motel is redeveloped into the future, Council would be able to exercise control over the use of the right of way through an assessment of the suitability of the right of way as an appropriate access/egress for a new development, just as they have done with this proposal. Any proposal would be assessed on its merits at that point in time but it is highly unlikely that a development which resulted in significant traffic movements would be supported due to restricted pedestrian sightlines.

Refusal Ground 3 The original floorplan proposed a layout with bedrooms which backed onto the garage which meant that there was a deficiency in natural daylight to three of the bedrooms.

The revised plans have reconfigured the layout of dwellings 2-4 by locating the bedrooms at the front of dwelling and the laundry room at the rear.

Dwelling 1 has a bedroom adjacent to the garage which will rely on 'borrowed' daylight through a window to the garage. Additional daylight could be provided to this room via a proposed window on the Rosalind Street elevation if the internal wall to the bedroom included materials which allowed light to permeate, i.e through the insertion of glass blocks or a high level window.

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The relevant ResCode objective in relation to providing daylight is that new windows should, '‌..allow adequate daylight into new habitable room windows.'

The ResCode standard includes that: A window in a habitable room should be located to face an outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot.

The revised plans have resulted in the ResCode standard being met for three of the four dwellings. Whilst the standard has not been met to dwelling 1 this is not a mandatory requirement as long as the ResCode objective is met.

If glass blocks or a high level window are provided to the rear bedroom of dwelling 1 as discussed above the objective will be met. This is proposed to be a condition of the permit.

The proposed changes do not have any further implication in terms of amenity and the proposal complies with ResCode in this and all other regards.

Objectors position Six objections were received on the original proposal. Four of the six objectors opted to make themselves a party to the hearing when the appeal was lodged at VCAT. The amended plans were only circulated to those objectors who had made themselves a party to the appeal and VCAT noted that letters had been received from two of the objectors stating that they longer wish to be a party in the hearing and withdraw their objection.

However VCAT’s opinion is that these objections are not withdrawn due to the form and content of the letters which state outstanding concerns. Their standing as parties and objectors therefore remains and they have the right to continue to participate in the appeal process.

Email correspondence from a third objector withdrawing themselves from a party to the proceedings was also sent to VCAT but has not been documented in the VCAT order.

At the time of writing no further comments have been received from local residents following the circulation of the amended plans directed by VCAT. Summary Ground of refusal one (car parking) has been resolved beyond doubt.

Ground of refusal three (daylight to habitable room windows) has also been addressed with the exception of one bedroom which as discussed above could be improved with minor design changes.

Council therefore has to decide if it wishes to pursue the sole remaining ground of refusal at VCAT or agree to a permit being granted on the basis of the amended plans.

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The City's legal representative has advised that Ground 2 is unlikely to be supported by the Tribunal in its assessment of the application as the swept path vehicle manoeuvre demonstrates an appropriate traffic outcome. Irrespective of the above discussion, the use of the right of way is a private property rights matter rather than planning consideration.

Conclusion The proposed amended plans do not raise any additional concerns regarding heritage, neighbourhood character or amenity. It is recommended that Council support the granting of a planning permit subject to the substitution of the amended plans. It is also recommended that the conditions in the original Council report are imposed with the following amendments: Condition Number

Original

Revision

1 (a)

Detailed elevations at a scale of 1:50 maximum to show weathered cladding design, strip cladding feature

Detailed elevations at a scale of 1:50 maximum to show weathered cladding design, strip cladding feature and ground floor front windows.

1 (c)

The insertion of a window to This condition has been deleted bedroom 3 of unit 4 in the flank as it has been addressed through elevation. the plan changes.

1(d)

The insertion of glass blocks or a This condition is required to high level window to the internal address the daylight to habitable (corridor) wall of bedroom 2 of room windows shortcomings. dwelling 1 which would allow additional daylight.

9

The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land.

Such amount is assessed as $3,000.00 or such amount applying at the time of payment.

10

The responsible authority may This option in the condition has

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This option in the condition has been deleted as recent cases considered at VCAT have concluded that in the absence of a Development Contributions Plan Overlay it is unlawful to require such payments.

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deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or in its immediate catchment.

Such amount is assessed as $750.00 or such amount applying at the time of payment.

been deleted as recent cases considered at VCAT have concluded that in the absence of a Development Contributions Plan Overlay it is unlawful to require such payments.

RECOMMENDATION That Greater Bendigo City Council agree to the granting of a planning permit subject to the substitution of the amended plans for a four lot subdivision and construction of four dwellings at 232 View Street, Bendigo subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Detailed elevations at a scale of 1:50 maximum to show weathered cladding design and strip cladding feature and ground floor front windows. (b) The addition of a screening louver system to break up the expanse of glass and provide solar protection to the front elevation. (c) Minimum sightline for pedestrian safety, pursuant to AS/NZ 2890.1-2004 Fg 3.3, must be provided at circulation roadway exits onto the street. (d) The insertion of glass blocks (or an alternative design) to the internal (corridor) wall of bedroom 2 of dwelling 1 which would allow additional natural daylight.

2.

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

3.

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.

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4.

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

5.

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.

6.

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

7.

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.

8.

DETAILED DRAINAGE PLANS Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) direction of stormwater run off (b) a point of discharge for each lot (c) independent drainage for each lot

9.

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

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

11. DRAINAGE WORKS Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in condition 8 above.

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12. SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEM Prior to the issue of a Statement of Compliance, the applicant/owner must enter into an agreement under section 173 of the Planning & Environment Act 1987.

Such agreement must covenant that: (a) The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority. (b) The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times. (c) The owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

Should the applicant opt to not install a stormwater quality system on site the references to treatment system may be omitted from the section 173 agreement.

13. CITY OF GREATER BENDIGO ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb & channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development.

Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit.

14. VEHICLE ACCESS No vehicle must access the right of way via a right hand turn from View Street.

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

16. SEALED CAR PARK Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority.

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

18. FENCING OF SITE PAGE 104

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The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority.

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

20. PUBLIC OPEN SPACE CONTRIBUTION The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988.

21. TELSTRA The plan of subdivision submitted for certification must be referred to Telstra in accordance with section 8 of the Subdivision Act 1988.

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

23. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act. (b) The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (a payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a registered electrical contractor. (d) The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments that have been required. (e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (f) Any construction work must comply with the Officer of the Chief Electrical Inspector “No Go Zone” rules.

24. COLIBAN WATER (a) The applicant or owner is required to reach agreement with Coliban Water for the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets.

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(b) The applicant is to provide evidence to the satisfaction of Coliban Water that existing private water pipes and sanitary drains do not cross the boundaries between lots. Where modifications to pipes or drains are required in order to satisfy this requirement, all work is to be carried out in accordance with AS3500 National Plumbing and Drainage Code of Australia and the relevant requirements of Coliban Water. Works to modify Coliban Water assets may only commence with prior approval by Coliban Water. (c) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Corporation. (d) All proposed sewers must be located at least 1 metre from an existing or proposed structure/boundary.

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ECONOMIC DEVELOPMENT

3.1 GRACE KELLY: STYLE ICON POST EVENT SUMMARY AND EVALUATION Document Information Authors

Stan Liacos – Director, City Futures Karen Quinlan – Director, Bendigo Art Gallery

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose The purpose of this report is to provide Council and the community with a post-event summary of the Grace Kelly: Style Icon major exhibition presented at and by Bendigo Art Gallery between Sunday 11 March and Sunday 17 June 2012 (99 days).

The exhibition was one of the largest and most ambitious events ever staged by the City of Greater Bendigo. By a wide variety of measures, it was arguably the most successful major event ever staged in or around Bendigo in recent decades. It is difficult to identify any other stand-alone event that has had as major an impact promotionally, culturally, financially and economically for Bendigo than what this major event generated.

The event represents another impressive achievement by the Bendigo Art Gallery team working collaboratively with their colleagues at The Capital – Bendigo’s Performing Arts Centre and the Tourism Unit (which includes the Bendigo Visitor Centre). This collaboration also included the Bendigo Art Gallery Company Board, the Victorian Government, a suite of major sponsors and a range of international exhibition presenting partners.

The event was supported by over 100 volunteers – including Friends and Guides of the Gallery; Tourism Ambassadors roaming central Bendigo and Bendigo Train Station; and Bendigo Visitor Centre guides. The passion and selfless contribution demonstrated by these volunteers was exceptional and highly valued.

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Policy Context – Council Plan Community and Culture – 3.4 Develop the cultural and creative aspirations of the community to make a significant contribution to the region’s Social and Economic prosperity and quality of life for all.

3.4.1 Continue to develop and grow the Bendigo Art Gallery as a leader in contemporary Art Report Grace Kelly: Style Icon highlighted the spectacular wardrobe of Grace Kelly and examined her glamorous Hollywood image and enduring appeal. The exhibition featured dresses from such films as High Society as well as the gown she wore to accept her Oscar in 1955. It also explored the evolution of her style as Princess Grace of Monaco, from her extensive wedding trousseau to her haute couture gowns of the 1960s and 1970s by her favourite couturiers Dior, Balenciaga, Givenchy and Yves St Laurent.

The exhibition was organised by the Victoria and Albert Museum, London and the Grimaldi Forum, Monaco. Grace Kelly (1929-82) rose to fame as an actress in the 1950s, starring in films by Alfred Hitchcock and others. Her image was cultivated by the movie industry, which fed cinema-goers' growing appetite for pictures of glamorous stars through magazines and newspapers.

Grace Kelly: Style Icon was the first in a series titled Bendigo International Collections supported by the Victorian Major Events Company (State Government).

The securing and staging of this prestigious exhibition was the culmination of many years of collaboration, trust and goodwill that has been developed over recent years between Bendigo Art Gallery and London’s Victoria and Albert Museum.

The exhibition was opened on Saturday 10 March 2012 by HSH Princess Charlene of Monaco in the presence of Victorian Premier Ted Baillieu; Federal Minister for Regional Development and the Arts Simon Crean and 600 attendees including gallery members, Victorian and Australian dignitaries including several international and ambassadorial guests.

Initial objectives and projections In attracting and presenting this prestigious exhibition, our objectives were to: • • • •

Attract at least 60,000 patrons/visitors to Bendigo for the economic and social benefit of our region; Consolidate the reputation of Bendigo Art Gallery as one of, if not the most, progressive and ambitious gallery in regional Australia; Attract significant sponsorship support and income through entry charges to offset costs and at very least break-even financially (excluding permanent staffing costs); Positively promote Bendigo far and wide;

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Provide our community the opportunity to experience an international standard exhibition locally; and Engender a sense of civic pride locally.

These objectives were well and truly exceeded – refer below.

Financial results – Actual Income and Expenditure

Income/revenue generated for CoGB by the exhibition event was approximately: Tickets sales (income to Gallery) Tickets commission and associated (income to The Capital) Sponsorships – Various Shop sales (estimate only - exhibition associated only) Tourism Unit – marketing contributions from industry Tourism Unit – commissions etc.

Misc. / General – Various

$2,250,000 $282,000 $240,000 $340,000 $120,000 $66,000 $20,000

Total Revenue

$ 3,318,000

Expenditure incurred by CoGB directly from the exhibition was approximately: Exhibition Fees (V&AM and Grimaldi Forum) Exhibition freight, logistics and associated etc.

Advertising/Promotion/Marketing/Presentations/Publicity Exhibition design, hire and build Casual/part time staff (exhibition specific only) Openings and various functions Shop Merchandise Internal General expenditure - Various Accommodation, travelling, parking, couriers etc Postage Visitor Services – special costs (inc. volunteer “hub development” support) The Capital – additional costs (software etc.)

Security services Other / Misc.

Total Expenditure

$277,000 $315,000 $520,000 $230,000 $240,000 $60,000 $165,000 $25,000 $44,000 $22,000 $22,000 $16,000 $7,000 $18,000 $1,961,000

Note: These estimates of income and expenditure are for the exhibition only. Figures are drawn from the financial accounts of Bendigo Art Gallery, The Capital and Tourism – all owned and operated by CoGB. Note: In some cases apportionment of expenditure and revenue is not conclusively accurate. Where this is the case, only a reasonable estimate has been made.

Note: Excludes permanent staffing costs and insurance (which are provided for generally anyway and are not event specific).

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In staging the event, the City of Greater Bendigo achieved a favourable financial result of approximately $1,357,000.

This is significantly more favourable than originally budgeted. We had by and large budgeted across the three business units to make a modest loss, which would usually be the case with a public exhibition event such as this in Australia. This is a quite separate consideration to the otherwise major positive economic benefit that the event generated for our community, estimated to be in the order of over $15 million (refer below).

Sponsorships / Collaboration In staging the exhibition, we received cash and/or in-kind support from: • • • • • • • • • • • • • • • • •

Victorian Major Events Company (State Government) Bendigo Art Gallery (Company) Board Tourism Victoria (State Government) Bendigo Tourism The Age Newspaper Radio 3AW V/Line Emirates Airlines Monaco Consulate L’Oreal Melbourne Fashion Festival Monaco Tourism Melbourne Airport Various food and beverage suppliers Mercedes Benz (Poyser Motors) Bendigo Advertiser Media outlets across Australia A range of local tourism attractions and accommodation venues.

Promotional activities undertaken to support the exhibition An ambitious promotional campaign was implemented to support the exhibition. The campaign was a collaborative exercise between Bendigo Art Gallery, Tourism, The Capital and across the City Futures Directorate more generally.

The purpose of the promotional campaign was to: • • •

Raise awareness of the exhibition and of Bendigo generally; Encourage people to visit the exhibition and Bendigo generally; and Positively promote and position Bendigo as a progressive vibrant regional city.

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Our promotional activities were many and varied and included: •

• • • • • • • • • • • • • •

Extensive editorial media coverage secured locally, regionally and nationally – including Channel 9’s national Today program, The Age, The Australian, Financial Review, Herald Sun, Sydney Morning Herald, Canberra Times, MX Melbourne, ABC TV 7:30 Report, ABC Local Radio, ABC Radio 774 Victoria, ABC Radio National, RACV Royal Auto, Radio 3AW, Qantas Magazine, Jet star Magazine, NZ Travel Magazine and a wide suite of other mainly fashion and lifestyle magazines and journals; Special commemorative lift-out in The Age newspaper Extensive print, radio and television advertisements locally, in Melbourne, select parts of regional Victoria and select major cities in Australia; Tullamarine Freeway landmark billboard; Banners and billboards at Melbourne Airport; Tram shelters in central Melbourne; Train Station billboard signs at major railway stations in Melbourne; Tourism Victoria promotional material and web-site links; Banners at Bendigo main road entrances, along View Street and at Bendigo Railway Station; Bendigo Advertiser Focus Magazine special edition; Local media features, editorials and advertisements; V/Line initiatives and promotions; Melbourne café Avant Cards; Targeted database mass email campaign and web advertising; and Word-of-mouth through industry contacts (many and varied).

Ticketing

Following the success of the White Wedding Dress exhibition in 2011 at which “time entry” ticketing handled by The Capital was first introduced for Bendigo Art Gallery, we decided to repeat the exercise, albeit this time with some refinements and enhancements. Once again, the initiative proved successful by: • • •

Streamlining the management of patrons and avoiding extensive queuing; Relieving pressure on gallery reception and shop operations; and Engendering a spirit of collaboration among staff working across different parts of the organisation.

The Capital provided its ticketing service to Bendigo Art Gallery for a management fee.

Both venues are owned and operated by the City of Greater Bendigo.

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Attendance and statistics A total of 152,706 people attended the exhibition, comprising: Tickets sold to patrons through The Capital Tickets sold to patrons through The Gallery Tickets sold to education groups though the Gallery Capital - Complimentary Gallery - Complimentary/Sponsors/Guests Special Grace Kelly Functions sold through the Gallery and opening event

143,041 613 1,148 395 1,749 5,760 152,706

An analysis extracted from data retrieved from the 36,000 on-line ticket sales through The Capital concluded the following residency profile of our attendees: Melbourne Regional Victoria (exc Greater Bendigo) Bendigo (3550 -3556) Interstate International

52.0% 29.0% 10.0% 8.8% 0.2%

It is important to acknowledge that many “local” visitors most likely purchased their tickets directly from the box office (rather than on-line) and in effect the “locals” estimate of 10% is likely to be under estimated. Based on anecdotal observations, we suggest the proportion of patrons who attended but who live in Greater Bendigo was more in the realm of between 15 to 20%.

To this extent, the estimate of the number of “outside” (tourist) visitors who travelled to Bendigo is approximately 125,000. This is more than the entire population of Greater Bendigo! This figure is most important in estimating local economic impact.

Information supplied by V/Line indicates that an estimated 20,000 – 25,000 of patrons travelled to and from Bendigo by train.

Economic and promotional benefits In association with Tourism Victoria and the Victorian Major Events Company, we will be undertaking a professionally conducted economic impact analysis. This will not be completed for several more weeks; however, as an interim guide it would not be unreasonable to assume that the exhibition directly contributed an estimated $15,000,000 into our regional economy.

This conservative estimate has been calculated by multiplying the estimated 75,000 tourist day-trip visitors by an estimated local day average expenditure of $88 per person and adding this to the estimated 50,000 overnight tourist visitors multiplied by an estimated average expenditure of $185 per person (source: Compelling Economic – REMPLAN Economic Model).

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It is important to note however that these estimates do not account for the difficult-toquantify yet significant positive promotional exposure that the exhibition provided Bendigo. This is a major benefit and should not be under-estimated. It presents longreaching benefits and opportunities for.

Over 1,300 advertised “accommodation packages” (with gross sales of $356,000) were sold by our Bendigo Visitor Centre. This would however represent only a very small proportion of the total overnight accommodation stays in Bendigo as a result of the exhibition. It would be reasonable to assume that the exhibition gave rise to over 50,000 overnight “bed stays” (be that in either registered accommodation venues or with family and friends). These have been factored into the estimate of direct economic local impact.

The volume, quality and nature of editorial press coverage generated as a result of the exhibition was arguably unparalleled for Bendigo. The specific line-by-line list of press secured in all forms of mainstream media – nationally, regionally and locally – literally runs for several pages. Our publicity advisor believes it would not be unreasonable to assume an economic value of several million dollars generated from this positive publicity through city branding (awareness raising) and increased tourism, as well as indirectly through reputation, goodwill and progressive resident attraction.

Areas for improvement and monitoring Whilst we appreciate the vast majority of attendees were reasonably to very happy with their visit to Bendigo Art Gallery and Bendigo more generally, we did nonetheless receive some, thankfully relatively little, adverse feedback. In the main, these concerns related to: • • • •

Some dissatisfaction from patrons with cafés and restaurants in Bendigo being either too busy at times given the influx of visitors or with some cafes being closed at night and on weekends; Venue over-crowding at times; The gallery being quite literally “sold out” on some weekends due to popular demand; Having to purchase tickets next door at The Capital and not in the gallery itself (i.e. perceived double-handling).

Councillors will recall that we had encountered far more adverse issues with the Golden Age of Couture exhibition in 2008/09, particularly with regard to long outdoor queues and the city seemingly not being “ready” for the large influx of visitors.

We believe that event staff, and Bendigo businesses and residents generally, made major advancements this time around, despite hosting literally double the number of visitors. Major improvements this time include: • • • •

Time managed ticket entry and ticketing by The Capital; Visual branding at main road gateway points to Bendigo, View Street and the railway station; Pre-event business community briefings; Far more hospitality venues and shops in central Bendigo being ‘ready’ for the influx and participating through visual branding and special offers; and

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Having our highly valued volunteer Tourism Ambassadors pro-actively greeting patrons at the railway station and along Mitchell/View Streets providing outstanding personalised customer service.

Conclusion The staging and promotion of the exhibition was another major, indeed extraordinary achievement for Greater Bendigo. Exhibition and marketing management and staff, our 100+ volunteers and our many collaborative partners are proud of their achievements in this regard.

The event resoundingly met its ambitious objectives by: •

Attracting well over double the number of patrons compared to our initial projections – 152,706 patrons compared with 60,000;

•

Absolutely re-consolidated the reputation of Bendigo Art Gallery as one of, if not the most, progressive and ambitious gallery in regional Australia;

•

Attracting an estimated 125,000 “tourist” (out-of-town) visitors to Greater Bendigo in a 99-day period providing our region with significant sustained economic, promotional and social benefits – i.e. more than our entire population;

•

Having attracted significant sponsorship support and income through entry charges which helped ensure we delivered a successful business outcome as well as a successful cultural promotional and economic outcome;

•

Having positively promoted Bendigo far and wide and in turn significantly lifting our profile across Australia;

•

Having provided our community the opportunity to experience an international standard exhibition locally in their “own back yard”; and

•

Having engendered a sense of civic pride locally (a feature that should not be under estimated).

Resource Implications Summary of exhibition-specific revenue and expenditure – refer above.

Bendigo Art Gallery recorded a significantly better than budget financial result in 2011/12, largely as a result of its successes with The White Wedding Dress and Grace Kelly: Style Icon.

The Gallery had been budgeted to operated a financial subsidy of some $1,480,000. It did however conclude with an operational subsidy of $315,000. i.e. a $1,165,000 “better than budget” result.

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RECOMMENDATION That Council acknowledge the success of the Grace Kelly: Style Icon major exhibition hosted at and by Bendigo Art Gallery and reaffirm its policy commitment of continuing to support the gallery (in association with their colleagues at Tourism, The Capital and over 100 community volunteers) in their mission of attracting, developing, promoting and presenting major exhibitions of national and international standard for the cultural, promotional and economic benefit of Greater Bendigo.

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3.2 BENDIGO AIRPORT REDEVELOPMENT UPDATE Document Information Authors

Bridget Conroy, Airport Manager Stan Liacos, Director City Futures

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose This report provides a brief update on progress being made with the proposed redevelopment of Bendigo Airport.

Policy Context Council Plan 2009/13 Built and Natural Environment – 1.1.3 - Prepare planning documentation for Bendigo Airport Development, including design of the new runway and changes to the planning controls to enable contemporary airport services and associated activities.

Built and Natural Environment – 1.6.4 - Prepare and progress Planning Scheme Amendment to implement the Airport redevelopment.

Regional Strategic Plan Priority Action 2.2: Continue to invest in major infrastructure in Bendigo as the Regional Centre including the redevelopment of the Bendigo Hospital, arts, cultural and recreational precincts and facilities, Convention Centre and Bendigo Airport to boost liveability to support and encourage future growth in the region.

Background Bendigo Airport represents strategically important infrastructure to both Greater Bendigo as well as regional Victoria more generally. With virtually no enhancements since its original construction in the 1970s, the Airport’s deficient infrastructure is now hindering local economic development and community service.

The Bendigo Airport redevelopment broadly comprises: 1. A proposed new runway 1,600 metres long and 30 metres wide parallel to existing runway 17/35; and 2. A major utility infrastructure upgrade for the currently poorly-serviced and underutilised Business Park.

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Report Working towards the upgrade of Bendigo Airport, in the last two years Council has supported a variety of initiatives including: 1. Adoption of the Bendigo Airport Strategic Plan and Master Plan in 2009; 2. The purchase of three neighbouring properties to accommodate the development of a new high capacity north-south runway; 3. Representations to the leadership of all major political parties in Victoria – this culminated in the pledge of up to $5 million towards upgrading the airport by the Victorian Government (representing a quarter of its entire Regional Aviation Growth Fund); 4. A detailed Property (Leases) Audit – which has been completed and is now seeing the airport being managed in a more professional manner; 5. Adopted new property lease arrangements for the airport to improve business and investment certainty and revenue generation; 6. Signed on two new tenants including the new charter company My Jet that is now investing over $1.5 million at Bendigo Airport; 7. A planning permit to construct 25 new hangars; 8. Appointed a dedicated Airport Manager for the first time in the life of the airport; 9. Improved the main road entrance, erected new fencing and installed new apron line markings and signage in accordance with Civil Aviation Authority requirements; 10. Planned reclamation of the former Airport Terminal Building – planning and agreement is in place for this to occur later this year with the relocation of the existing (incompatibly situated) pre-school that currently occupies the building; 11. Review of the Planning Scheme and associated strategic direction and development regulation for the airport property and surrounds; 12. Endorsed the Proposed Development Layout of Bendigo Airport; 13. Completed detailed (tender ready) engineering design and preliminary cost of the new runway; and 14. Completed detailed (tender ready) engineering design and preliminary cost the new/upgraded Business Park.

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Currently, we are in the process of preparing a Planning Scheme Amendment necessary to facilitate redevelopment and economic development in accordance with the directions set out in:

The adopted Bendigo Aerodrome Masterplan 2007; The Airport Strategic Plan 2009; and The endorsed Airport development layout (see attached plan).

The proposed Planning Scheme Amendment proposes to:

Appropriately rezone land to the immediate north of the airport (note - the three recently purchased neighbouring properties);

Make minor amendments necessary to facilitate economic development of the Business Park;

Amend the existing Design and Development Overlay to guide development and align with the Obstacle Limitation surface for protection of aircraft flight paths; and

Amend the Airport Environs Overlay to align with the Australian Noise Exposure Forecast for the proposed new runway.

The following initiatives have been recently completed to support and inform the proposed Amendment:

A Traffic Impact Assessment;

A Habitat Hectare Study;

Revised Australian Noise Exposure Forecast;

Revised Obstacle Limitation Survey; and

Commencement of Native Title extinguishment process.

Next Steps – Where to from here?

Council should expect to receive in the near future:

A draft Airport Planning Scheme Amendment for its consideration;

An Airport Business Park Development Plan and Analysis to support an application to Regional Development Victoria proposing a 50:50 collaborative funding arrangement for the service infrastructure upgrade necessary for the Business Park;

The preparation of a regional development Federal government funding application if supported by Council; and

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Works in the northern area of the airport to create basic access to approximately 20 hangar development sites (budgeted) – expected to generate up to $40,000 additional rental per annum.

Conclusion Bendigo Airport represents critical regional infrastructure that requires significant redevelopment to meet contemporary standards and expectations and to meet the needs of a growing Greater Bendigo.

The long anticipated Bendigo Airport upgrade has made good headway in the past two years. More has been done in the last two years than was done for the airport in, say, the last twenty previous years. We are playing catch-up for what were years of under investment.

Work is now well advanced in finalising Planning Scheme Amendment documentation, funding applications and works to provide highly sought after hangar sites.

RECOMMENDATION That Greater Bendigo City Council acknowledge the recent progress made regarding the redevelopment of Bendigo Airport and acknowledge the necessary next steps now required to bring this regional priority project to fruition.

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COMMUNITY AND CULTURE

4.1 COUNCIL PLAN QUARTERLY REPORT JULY 2012 Document Information Author

Lyn Talbot, Corporate and Community Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of this report is to provide the fourth and final quarterly report for 2011/2012, on progress against the goal areas, strategies and actions set out in the Council Plan 2009-2013 (revised 2011).

Policy Context Council Plan 2009-2013 (Revised 2011).

Report The revised Council Plan 2009-2013 (2011 Revision) was adopted by Council on 15 June 2011. The Council Plan identifies the key issues to be pursued by Council over the four years 2009-2013, to meet the community’s needs and aspirations as well as its own organisational activities. The measurable commitments detailed in the Council Plan Actions, are set on a yearly basis and generally relate to those activities which are above and beyond daily service provision.

The Council Plan is based on four goal areas, each with strategic objectives and strategies. Each strategy has actions that are relevant for the current year. The four goal areas are: 1.

2.

3.

4.

Built and Natural Environment Economic Development Community and Culture Our People, Our Processes

Highlights from the past three months include: Major Projects •

Edward Street multi-storey car park development – The project is complete and opened for business on Wednesday July 25th. Relocating staff from the State Trustees attended a ’Welcome Weekend’, and they commenced work in Bendigo in late July.

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Extension of the Bendigo Art Gallery - Early works to prepare drainage commenced in June and construction is expected to commence in July. Monthly Project Control Group meetings and reporting have commenced.

Library redevelopment – A successful funding application was made to the ‘Living Libraries’ program which has resulted in $750,000 being granted for the project.

Internal design of the facility is currently being finalised including stakeholder testing of design options.

Indoor aquatic facility at Kangaroo Flat – Design and engineering consultants have been appointed following a tender process. As detailed design and documentation has not yet started, preparation of planning documentation has been delayed. Monthly Project Control Group meetings and reporting have commenced.

Airport redevelopment - Design drawings and costings have now been completed.

The proposed new runway draft final tender documents have been delivered. Further direction is being sought from Council on progressing this initiative. Discussions continue with state government on financial contributions towards costs.

Sandhurst Community Theatre project - The planning application processes are continuing.

Drainage works and flooding issues – The majority of drainage works in the 2011/2012 capital works program have been completed, but some projects are still underway. The drainage program developed for draft 2012/2013 budget plans 32 projects costing $5.4M. Drainage issues identified at an Epsom public meeting are under investigation. Documentation and investigation is also underway on drainage issues associated with National Parks with a view to developing a consolidated program of works to be submitted for approval by Parks Victoria.

The Flood Modelling project with the NCCMA is continuing.

Built and Natural Environment • •

• • • • •

Climate change adaptation planning continues to be integrated with the organisation's review of and improvements to risk management.

A successful application to the Community Energy Efficiency Program together with matching funds from CoGB will see $600,000 spent over 2 years on energy efficiency upgrades in seven of the City's largest energy consuming facilities. Energy efficiency upgrades are also being undertaken at a number of other CoGB facilities The energy efficiency review of ten City of Greater Bendigo swimming pools has been completed.

The EnviroReps group is investigating the opportunity to pilot a bike fleet for City of Greater Bendigo. It would contribute to both reducing emissions from the vehicle fleet and promoting health and wellbeing of CoGB staff.

The City of Greater Bendigo supported a number of activities associated with the Goldfields SolarHub Project in the 2011/12 financial year.

The development of the Waste & Resource Management Strategy is continuing.

The design and documentation for cell 5 at Eaglehawk Landfill is at the stage of sign off by the EPA approved auditor and will then require EPA approval before construction is finalised. The capping design for the filled cells at Eaglehawk is still being negotiated with EPA.

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A range of media will be used to publicise the education campaign titled 'Kerbside Pride' focusing on the basic messages around domestic waste management, developed by the Central Murray Regional Waste Management Group.

A template for Natural Reserves Management Plans to support future management and maintenance of individual natural reserves has been finalised. The template includes assessment of site values, conditions and issues as well as identifying management actions that will maintain, protect or enhance those values.

Implementation of the Bendigo Botanic Gardens, White Hills Master Plan has continued with re-creation of the historic Grape Walk and commencement of works to restore the paths network.

Works to extend the O’Keefe Rail Trail between Axedale and Heathcote have continued with finalisation of path alignments in Heathcote and Axedale. Information has been provided to Axedale, Knowsley and Heathcote residents.

The Planning Scheme Amendment to implement the findings of the Heritage Policy 'Places of Interest' review has been exhibited. Councillors will hear public submissions in late July.

Stage 2 of the Adaptive Stormwater Management in Bendigo and Castlemaine project has been completed with 4 sites being investigated further with concept designs and business cases developed. The 2 Greater Bendigo sites investigated are the Bendigo Botanic Gardens and Lake Weeroona. Stage 3, a draft Stormwater Management Plan, has been developed and will be finalised in the 2012/2013 financial year.

Council endorsed the draft Thematic Environmental History report, and after a period of public display and community comment, any changes will be reported to Council for adoption in an appropriate Amendment to the Heritage Policy.

The draft policy for infrastructure asset management, which includes implementation strategies, has been prepared.

Property audits on all City of Greater Bendigo owned and managed buildings are still being undertaken with the view to ensuring much better utilisation of current buildings.

Funding has been received for a project to explore local community needs of a Traveller's Support Service.

Council has resolved to develop an Integrated Transport Strategy. A steering committee has been established and funding allocated for this project.

A draft Road Management Plan has been prepared. It will be presented to Council and placed on public exhibition in coming months.

Economic Development • •

Strong advocacy to the State Governments and major events organisers has been undertaken, designed to attract and implement additional major sports and cultural developments in Greater Bendigo.

A series of workshops and a keynote breakfast forum were conducted to inform local businesses regarding a transition to a low carbon economy and the potential impact of the carbon price on local businesses.

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The Bendigo Manufacturing Group initiative to promote opportunities in the mining sector will be supported by a new group of Melbourne University Masters students to commence in July 2012.

Funding has been secured for the project to upgrade of Bendigo Showgrounds and work is underway.

The updated 2012 Shopping and Dining Guide was completed and launched in May. Industry and visitor feedback has been very positive.

An advertising campaign has been commenced for the 2012 Inventor Awards, and planning for the event is well underway.

The Skilled Migration Program ceased on 29 June 2012 as state government funding was not continued.

Mining manufacturing capabilities in Greater Bendigo are being researched to inform advocacy for local industry potential to supply future national and international mining manufacturing needs.

An audit and review of the Livestock Exchange operations has been completed and a draft 10 year capital improvement program prepared.

A smart phone application that can be used for visitors to access Greater Bendigo information, has been developed and is currently being trialled.

Promotional activities are ongoing; currently the marketing team is working on the International Snooker (July), Sheep & Wool Show (July) and Writers Festival (August).

The updated website for The Bendigo Art Gallery has been completed and gone 'live'.

Community and Culture • • • • • • •

Community and Cultural Development staff members are continuing to actively participate in strategic planning work undertaken by Bendigo Loddon Primary Care Partnership (PCP).

Plans are under way to progress the outcome of the Greater Bendigo 2036 Report with the commencement of a community engagement strategy to recruit innovative ‘thinkers’ to tackle challenging issues for the future.

A new staff member has been recruited to facilitate community emergency risk management planning, including improved prevention and preparedness for response and recovery.

Ongoing refinement and evaluation of the Community Engagement Planning framework tool is being undertaken.

There has been continued growth in the contemporary collection at The Bendigo Art Gallery.

The Hidden Creatures Easter event, a part of the Arts for Health and Arts for Children initiative, attracted 1,648 participants.

Implementation of the Community Arts Space Scoping Study Action is now completed. The redeveloped Bendigo Library will include creative and community space. A review of the scoping study will take place as part of a broader Arts and Cultural Strategy review in late 2012.

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A range of arts programs have benefited from City of Greater Bendigo support, including a 5-week Photography project for Heathcote and a forthcoming photography exhibition in the Heathcote Art Space; a new Children’s Art exhibition in the Conservatory; prizes were presented for the 2012 RAW Arts Awards, three exhibitions have been staged at Dudley House, and 7 in Allan’s Art Space, and more are planned for the remainder of the year.

A number of local organisations collaborated to offer a Reconciliation Week BBQ at the Bendigo Senior Secondary School Language Centre, which was attended by around 50 people. Other initiatives supported by the City include NAIDOC Week, the Local Aboriginal Justice Advisory Committee and the Regional Aboriginal Advisory Committee.

The Local Settlement Planning Committee which fosters engagement with cultural and ethnic groups within the municipality and assists them to celebrate acceptance of diversity, meets on a regular basis. Four working groups have been established: Education, Employment, Health and Housing.

The Local Settlement Planning Committee was assisted to attain a grant to facilitate hosting of a successful Spanish Festival in Heathcote during March.

Negotiations regarding the development of a comprehensive HACC outreach service at Bendigo District Aboriginal Cooperative are continuing. Referral services for Aboriginal clients are already in place.

Advocacy and support for the local rural sector is being undertaken including meetings with residents in the Knowsley community to consult about the planning scheme and rural sector rezoning. Advocacy is continuing for more affordable housing options for the Heathcote community.

The Environmental Health & Local Laws Unit have completed a diverse range of inspections for local law compliance, including following up and resolving 52 food complaints covered by the Food Act; 450 local law complaints were received and investigated with only 5% not being resolved within the City of Greater Bendigo set time frame.

The Draft Integrated Fire Management Plan has been presented to Council and is now in a community consultation phase.

The draft Violence Prevention Plan has been presented to Council and is released for community comment. The final plan will go to Council in August.

Tenders for construction of the Safe Transport Space in the CBD have been awarded.

Ongoing efforts are being made to encourage participation in volunteering, including publishing the second edition of ZooM newsletter.

Bendigo has been successful in attracting funding for the next stage of the National rollout of the NBN network in Australia.

Planning for the relocation of Eaglehawk Community House is ongoing.

Neighbourhood House Coordinators and Committee members have been invited to participate in advocacy training.

The Child Friendly Cities conference was successfully presented in May. Extension of Kennington Preschool and development of the Lightning Reef Early Learning Centre are proceeding as planned. Opening of the Marong Early Learning Centre will occur in early 2013.

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A community forum was held in Heathcote to present the results of the "Rapidly Growing Grey" pilot study on the impact of ageing on social participation in Heathcote, conducted by La Trobe University.

People and Processes • • •

• • • • •

• •

The Records Storage Strategy has been prepared; it will guide establishing a sustainable plan for records scanning and storage.

The Software Management Plan has not been completed within timeframe; however the IT Unit has now been restructured to increase the focus on longer term planning.

The Software Plan is proposed to be completed by 31/12/12.

Aggregation and updating of information for the Customer Service Integrated Information Management System is continuing: Environment Health and Local Laws Unit is now also compiling information in a corresponding format for subsequent uploading.

The review of the telecommunications system is still being undertaken. Further work is required to determine possible reductions in operating expenses and service enhancement prior to a budget bid in 2013/2014.

Health and wellbeing programs offered to staff have included Healthy Supermarket Tours, a Corporate Gym Program, Mental Health First Aid training and Health Assessments.

State Legislation did not progress to implement the Work Health and Safety Act therefore no further activities related to compliance are required to be undertaken.

The Council Plan, 2012 update, has been completed in compliance with legislative requirements.

A civil infrastructure design program for 2011-2012 and 2012-2013 has been developed to ensure projects can be fully developed and scoped prior to the commencement date. The 2012/13 designs and approvals are being finalised.

Planning is underway for the delivery of the training program. Design of 13/14 program is also underway.

The Municipal Emergency Management Plan is reviewed quarterly and this includes development of new communications methods for location of vulnerable people.

The Municipal Fire Management Plan draft has been endorsed for community consultation. It is on track for completion October 2012. Hazard trees are identified in this plan. Planning related to the 10 Greater Bendigo Neighbourhood Safer Places is being undertaken.

Conclusion This fourth and final quarterly report for the financial year provides details of the completion of many of the actions planned for the year. All of the major projects are also progressing satisfactorily.

Resource Implications The activities that are documented here are in accordance with the actions set out in the Council Plan and the budget. There are no additional resource implications to report.

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Attachments Nil. RECOMMENDATION That Greater Bendigo City Council acknowledges the significant completion of planned actions against the objectives set out in the Council Plan.

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4.2 VIOLENCE PREVENTION PLAN 2012 - 2015 Document Information Author

Romina Lougoon, Social Research and Policy Officer

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose This report recommends that Council consider the submissions received on the draft Violence Prevention Plan and adopt the final Violence Prevention Plan.

Policy Context Council Plan Reference: The Council Plan 2009-2013 (Updated 2012) under the Goal Area ‘Community and Culture’ has the Strategy ‘work collaboratively to promote community safety and healthy living’. Within this Strategy is the action ‘implement the Violence Prevention Plan’.

Strategy Reference: The Health and Wellbeing Strategy 2009-2013 under the theme ‘healthy lifestyles, incorporating mental health and wellbeing’ is the action ‘in consultation with the Safe Community Forum, partner a process to develop a Violence Prevention Plan for the City of Greater Bendigo (building on the GLOVE Project)’.

Council Policy Reference: The Greater Bendigo City Council has adopted the position statement “Greater Bendigo City Council say NO to violence against women”.

Background Information The Council at its meeting on 28 September 2011 endorsed the objectives and outcomes in the Violence Prevention Plan project brief.

The primary purpose to undertake the Violence Prevention Plan is to identify how the City of Greater Bendigo can contribute to preventing violence in the Greater Bendigo community.

The objectives of the Plan are:

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Objective 1: The City of Greater Bendigo will offer a range of strategies in partnership with other organisations networks and community members designed to increase awareness and community endorsement for strategies designed to prevent violence, and assist those affected by violence to find the services they require. This is an ‘outward looking’ objective designed to increase community knowledge and capacity to prevent violence.

Objective 2: The City of Greater Bendigo will be a role model in the adoption of organisational strategies to reduce the risk of Violence in the community and which increase staff awareness of services available to provide direct assistance for those affected. This is an ‘inward looking’ objective designed to increase the competency of City of Greater Bendigo staff to prevent, recognise and manage violence against others appropriately.

Previous Council Decision Dates: • • •

20 October 2010 – Position Statement signed by Councillors 28 September 2011 – Project Brief Endorsed; and 13 June 2012 – Draft Endorsed for Public Comment

Report The Violence Prevention Plan articulates to the community and key stakeholders the role the City of Greater Bendigo will play in relation to violence prevention. The Plan was built on community engagement with key internal and external stakeholders and service providers. The governance of the Plan included an internal Steering Group and an external Project Reference Group.

The draft Violence Prevention Plan was made available for community comment from 14 June to 13 July 2012. To ensure the community was aware of the draft plan, external engagement was undertaken during the community comment period which is listed below in the Consultation section of this report.

A total of 3 submissions were received to the draft Plan and these are detailed in the table below. A meeting was held on 18 July 2012 with the Steering Group and Project Reference Group to consider the submissions and recommended the following responses to the submissions.

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Submission

Comments

Response

1.

Congratulated and Comments noted. applauded the City of Greater Bendigo on the Plan and for acknowledging the screening already being conducted by Maternal and Child Health Nurses in relation to family violence and for providing staff with training so they have the skills to respond to any disclosures of violence.

In relation to action 3.1 the submission wanted it to be made clear that this action could not occur without additional funding.

In the action table against action 3.1, it states that this action is subject to budget allocation and will require the Responsible Manager to seek budget allocation as and when required.

A new action was also developed from discussions in relation to the important role Maternal and Child Health nurses play at a high risk time for women to experience violence. This action is ‘provide Maternal and Child Health nurses with training about how to handle disclosures of family violence and to provide them with information about referring clients to the correct agencies’.

2.

Congratulated Council on Comments noted. their approach to this issue as this community member has had a personal experience with violence.

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Submission

Comments

Response

3.

Congratulated the City of Greater Bendigo on producing a clear, well constructed and doable plan.

Disappointed that there is no identification of sexual assault as a form of violence and any statistical information about it.

Comments noted.

Action 2.2 ‘develop a policy to be endorsed by the Greater Bendigo City Council relating to Family Violence Prevention’ – this should be broadened to encompass other forms of violence against women.

Wording of action has been changed to ‘develop a policy to be endorsed by the Greater Bendigo City Council relating to the prevention of all forms of violence against women’.

Action 2.3 ‘provide training to build the skills of staff members who respond to disclosures of family violence’ – this should be for all forms of violence.

Action wording has been changed to ‘provide training to build the skills of staff members who respond to disclosures of violence’.

Include an action around ensuring there is a City of Greater Bendigo representative on the Family Violence Prevention Network.

The action ‘ensure there is continual CoGB representation on the Family Violence Prevention Network’ has been added.

Sexual assault has been identified as a form of violence at key points within the Plan and statistical information will be included in the executive summary.

Members of the Steering Group and Project Reference Group were very positive and complimentary to the development of the Violence Prevention Plan and it addressing this very important social issue. Some comments included from Women's Health Loddon Mallee (WHLM) that they would have put in a submission but they had no comments on the draft Plan.

The Plan has been strengthened to include more local statistics about violence in our community.

Direct engagement with all responsible Managers has ensured ownership and agreement to the action plan. Responsible Managers will undertake future Service Unit Planning, make service improvements and seek appropriate budget allocation as and when required.

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Priority/Importance: Developing the Violence Prevention Plan is of high importance as it is listed as a key action in the Council Plan 2009/13 (updated 2012) action 3.7.1.

Risk Analysis: The major risk was not planning to prevent violence in the community and a failure to adequately engage with the community, service providers and all units of the City of Greater Bendigo. Failure to engage sufficiently could result in: • • • • •

Developing a plan that has little ownership and therefore little energy to drive it forward; Failing to harness and capitalise on existing strengths and resources from other services and the community; Developing a Plan that has a limited focus; Missing out on opportunity to identify issues relevant to our community around this issue; and Violence could continue to increase as shown in recent crime statistics.

The project brief included two strategies to mitigate this risk.

• •

Provide a governance structure for developing the Violence Prevention Plan that includes a cross section of City of Greater Bendigo staff as well as external input.

Ensuring a communication and consultation process that ensures the input of a range of service providers and community members.

Consultation/Communication A range of consultation with key internal and external stakeholders, service providers and community members has been undertaken to ensure the Violence Prevention Plan is based on the needs and aspirations of people in Greater Bendigo. These included structured discussions with service providers and City of Greater Bendigo staff. A forum and workshop titled ‘Achieving respect and gender equality in Greater Bendigo’ was held in February 2012 and was attended by 100 people including service providers, local government and state government representatives, community members, sporting organisations and students from Catholic College Bendigo. A background report was developed that provided an overview of relevant data and information to support the consultation undertaken.

The governance of the project included a Project Reference Group and Steering Group.

The Project Reference Group was made up of service providers who registered their interest to be part of the group. Their main role has been to provide feedback and advice throughout the development of the Plan.

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The Steering Group had representatives from the City of Greater Bendigo from areas that will have a direct role in implementing the Plan. The main role of this group was to provide internal direction and feedback throughout the development of the Plan and support the Project Manager. Both groups were also expected to communicate the project development to their respective units/businesses and also to bring information to the group that would help in the development of the Plan.

Internal Consultation: • • •

Internal Steering Group Meetings with key internal staff Meetings with Responsible Managers

External Consultation: • • • • • • • • •

Project Reference Group Meetings with key stakeholders Workshop and Forum with 100 people attending Project bulletins on the draft Violence Prevention Plan sent to 121 people who attended the forum and workshop or registered an interest in the project and to key stakeholders and service providers.

The Plan was listed on the front page of the website and had 201 people visiting the page Articles were featured in the Bendigo Advertiser and Bendigo Weekly Media interviews were done for Win Local News and ABC radio Attendance at the Safe Community Forum Draft Plans were located at Customer Service in Lyttleton Tce and Heathcote.

Resource Implications The degree to which the Plan can be fully implemented will depend on annual budget allocation as described in the action plan.

Budget Allocation in the Current Financial Year: Nil Previous Council Support: $11,000 in previous financial year Projected costs for future financial years: Subject to annual budget allocations Conclusion The final Violence Prevention Plan is now presented to Council for adoption with minor modifications as detailed in the submissions and recommendations discussed above.

RECOMMENDATION That the Greater Bendigo City Council resolve to: 1. Acknowledge the submissions received, endorse and approve the responses; and 2. Adopt the final Violence Prevention Plan and Policy Statement as amended in line with the submissions received.

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4.3 WOMEN SHOWING THE WAY FORUM Document Information Author

Tiffany Connell, Councillor Support Officer Peter Davies, Manager Executive Services

Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose The purpose of this report is to advise Council of the outcomes of ‘Women Showing the Way’ form held on Tuesday 24 July, 2012 at the Bendigo Town Hall.

Policy Context Growing community resilience, connectedness and social capital.

Background Information The conduct of this forum was approved by Council at its Ordinary Council meeting held on 10 November, 2010 as part of the Year of Women in Local Government.

Report Cr Lisa Ruffell hosted the third 'Women Showing the Way' forum for local secondary school students within the municipality. The aim of the forum was to inspire and encourage young women to become involved in community life. The participating schools were: • • • • • • •

Bendigo Senior Secondary College Bendigo South East College Catholic College Bendigo Eaglehawk Secondary College Girton Grammar School Weeroona College Bendigo Crusoe College

Participating students were selected by the schools.

Approximately 197 students attended ranging from Year 9, 10, 11 and 12 with the majority being in Year 10. The forum was officially opened by the Hon. Wendy Lovell, MLC, Minister for Children and Early Childhood Development.

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The forum was supported by inspirational addresses by Bernadette Black - CEO of Brave Foundation, 2009 Barnardos Australian Mother of the Year and most recently elected Councillor at the Kingborough Shire Council in Tasmania, Jane Bunn – WIN News weather presenter and meteorologist and Anita Macartney – Technical Inspector, WorkSafe Victoria. Fernwood Fitness Bendigo also participated by running a short fitness routine to get the students up and moving and gave away a three month gym membership to a student. Twenty-two (22) women leaders were involved to interact with students at tables. A short presentation was made by Jan Cooper, Coordinator for Prevention of Violence Against Women, Mount Alexander Shire Council. Cr Ruffell was the master of ceremonies for the forum.

Cr Ruffell facilitated a round table discussion session focusing on three questions: • What is success?

• What will help you succeed?

• What will you take away from today?

Outcomes of the day were: • Encouragement and inspiration for students.

• Opportunity for students to meet with community leaders.

• Interaction with students from other schools.

Some feedback provided by the students was as follows:“Thank you for putting on this forum, it has really made me think about what I want to do in the future” “All of the speakers were truly inspiring and have inspired me” “I would like to thank you very much for giving me the opportunity to attend”.

The result from the survey is attached.

Resource Implications The cost of the forum included venue hire, keynote speaker, catering, and audio-visual equipment totalling approximately $9,000. In addition there was considerable voluntary effort by community leaders who made themselves available for the day.

Attachments 1.

Survey Results

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RECOMMENDATION 1.

That Council acknowledge the initiative of Cr Ruffell for the 'Women Showing the Way' forums for the past three years and that the feedback from students be considered as part of the Youth Strategy and future youth policies.

2.

That consideration be given to continuing the 'Women Showing the Way' initiative as part of the mid-year Budget review.

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4.4 COMMUNITY FACILITIES FUNDING PROGRAM - MAJOR FACILITIES Document Information Author

Lincoln Fitzgerald – Acting Manager Recreation

Responsible Director

Pauline Gordon – Director Community Wellbeing

Summary/Purpose The Community Facility Funding Program (CFFP) is an annual grants program provided by the State Government. The Major Facilities category of this program supports Councils to develop or upgrade facilities which are of regional significance.

Each municipality within Victoria is eligible to submit one application to the Better Pools, Seasonal Pools or Major Facilities category. This report seeks Council endorsement to submit an application for the Canterbury Park Central Activity Area (Eaglehawk).

Policy Context This report relates to many objectives of the Council Plan including planning for the future, developing public spaces and developing partnerships with other levels of government.

Council Plan Reference: Council Plan 2009 – 2013 (updated 2012) Strategy 1.1 Plan and implement identified City projects.

Strategy 1.7 Develop and enhance public places, open spaces and recreation facilities to meet community needs.

Strategy 1.11 Continue to implement initiatives to maintain and provide physical assets and infrastructure to meet community and organisational needs.

Strategy 3.3 Use meaningful and effective communication and engagement with all sectors of the community as an input to decision making.

Strategy 3.10 Encourage and facilitate opportunities for active and incidental sport and leisure activity for all ages and abilities.

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Strategy Reference: This project is based on the Eaglehawk Open Space Precinct Master Plan adopted by Council 19 January 2011.

Regional Strategic Plan Reference: This report aligns to the priorities of both the Northern and Southern Regional Strategic Plans particularly in relation to strengthening regional communities.

The Southern Regional Plan within which Bendigo is contained includes a key initiative (2.21) to continue to invest in regional recreation infrastructure and programs to boost liveability and community connectedness.

Background Information Community Facilities Funding Program – Major Facilities category The CFFP Major Facilities category provides funding to develop significant facilities for community sport and recreation that are high quality, accessible, innovative, effectively managed, sustainable and well-used.

Council can submit one application of up to $650,000 from the State Government. The program requires a funding contribution ratio of $1.00 from Sport and Recreation Victoria for every $2.00 locally contributed.

The City of Greater Bendigo (CoGB) is only eligible to submit one application under either the Better Pools, Seasonal Pools or Major Facilities category.

The CoGB submitted an application to the State Government in 2011 as part of the CFFP Major Facilities category for the Canterbury Park Central Activity Area. The application was unsuccessful and Council Officers have since obtained feedback in order to enhance the application and prepare for resubmission.

Applications will be assessed against the following Major Facilities Assessment Criteria: Why? (20%) Responds to identified community needs and issues and is supported strategically by local or regional plans and/or State Sporting Associations/peak bodies planning.

Addresses a gap in the local/regional provision of facilities.

How? (20%) Clearly identifies project scope, methodology and how proposed outcomes can be completed within a prescribed timeframe.

Includes provision of appropriate project costing and confirmation of funding sources.

Includes formally endorsed schematic plans that address safety, risk management, Universal Design principles, Environmentally Sustainable Design.

Demonstrates economic impact during construction and operation, including employment during and after construction.

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Who? (10%) Engages, consults and collaborates with a variety of stakeholders.

Will be managed by an appropriately qualified team.

Considers inter-municipal linkages and issues (where appropriate).

What will it achieve? (50%) Increases (or in certain cases maintains) participation in sport and recreation. As a result of the project, what will be the additional participation and programming outcomes?

Encourages the broadest possible community participation in sport and recreation activities.

Has significant regional/sub-regional and/or multi-purpose benefits.

Improves the quality and range of sport and recreation opportunities.

Demonstrates appropriate business planning, which addresses operational and financial sustainability.

Canterbury Park Central Activity Area At the Ordinary Council Meeting of 19 January 2011, Councillors adopted the Eaglehawk Open Space Precinct Master Plan and referred works associated with the sequencing, staging and cost plan for consideration as part of the 2011/2012 CoGB Budget.

As part of the adopted 2011/2012 CoGB Budget funding was allocated to detail design of the Canterbury Park Central Activity Area as the highest priority project arising from the adopted Master Plan.

The Canterbury Park Central Activity Area includes the existing and proposed sporting facilities east of Canterbury Oval, the existing central car park and a proposed multifunction event space. This event space also links the Sports Precinct with the Heritage and Lake Neangar Precincts. Specifically, the proposed works include; replacement of five cricket nets, two new netball courts, new bowling green, new multi-use pavilion for netball, cricket, triathlon and Dahlia & Arts Festival users, new grassed events space, modifications to the existing car park and a new entry road linking from the car park to Simpsons Road.

Throughout 2011/2012 Officers worked in conjunction with an external design team to undertake further design development of the overall project area, as well as production of documentation packages for tendering. The documentation packages include all civil, traffic, electrical and structural engineering components as well as architectural, landscape, lighting, irrigation and sporting facility design. Detail design and costing for the Central Activity Area is complete.

Report The CoGB is only eligible to submit one application under either the Better Pools, Seasonal Pools or Major Facilities category. Council Officers believe the Canterbury Park Central Activity Area to be a priority application for funding in the 2013/2014 round of grants.

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It is anticipated that once the proposed new Bendigo Indoor Aquatic and Leisure Facility at Kangaroo Flat is further designed / developed, an application will be submitted under the Better Pools category of this program.

If successful, funding would be made available to the CoGB from 1 July 2013. Subject to Council's budget deliberations, the earliest construction programme could be as follows: Eaglehawk Open Space Precinct - Central Activity Area Development Works Stages Stage

Scope

Possible Construction Period (earliest start)

Stage 1a Development of cricket nets, netball courts, bowling Sep-Dec 2013 green and associated infrastructure including provision of services for multi-use netball building and all other subsequent works stages Stage 1b Construction of multi-use netball pavilion and Feb-May 2014 associated hard landscaping, including pavement, bleachers and ramps Stage 2

Construction of entry road, car park modifications, event space and landscaping generally

Jul-Dec 2014

Priority/Importance: The Canterbury Park Central Activity Area is considered the priority project for funding as part of the CFFP – Major Facilities category. This is the only project with advanced design and which strongly meets the funding criteria for this program.

The facilities at Canterbury Park will service the Canterbury Park area, surrounding districts and part of the new urban growth resulting from land releases within Jackass Flat.

Council should also be aware that there are a number of other significant projects arising within the Eaglehawk area to be considered in future years. These include renewal and expansion of the Canterbury Park Social Pavilion and changerooms (estimated cost $1,700,000), a Regional Play Space at Lake Neangar (estimated cost $750,000 over two stages), significant renewal / upgrade of Peter Krenz Leisure Centre to meet current standards, renewal of assets at Albert Roy Reserve and renewal works at Eaglehawk Town Hall.

Options/Alternatives: The CoGB is only eligible to submit one application under either the Better Pools, Seasonal Pools or Major Facilities category. Council Officers believe the Canterbury Park Central Activity Area to be a priority project to service the current and future community and meet the criteria of the 2013/2014 grant round.

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Timelines: If successful, funding would be available to the CoGB from 1 July 2013. At this point CoGB is able to claim up to 90% of the allocated funding up front with the remainder upon completion and acquittal of the project.

Subject to Council budget deliberations, an optimistic construction timeline could include commencement in September 2013 and completion in December 2014.

Risk Analysis: The Eaglehawk Open Space Precinct Master Plan was adopted in January 2011. Since this time detail design has been completed in consultation with user groups. A number of user group representatives have changed resulting in loss of knowledge by the Clubs and requests for change to the design which cannot be accommodated without loss of time and further design costs which are not within the current budget.

If funding is not obtained to support this project, Council may not be in a financial position to complete construction. Due to the expectations of the community raised throughout the Master Planning and design stages, this could result in a loss of reputation for the CoGB. This project involves stages 1a, 1b and 2. Stage 2 is phased to be completed in the 2014/2015 financial year. This will require a further budget submission for consideration.

If Stage 2 is not undertaken, much of the roadway, stormwater management, lighting and other functional elements will not be completed. This would result in an undesirable outcome and create difficult site conditions for user groups.

Consultation/Communication Consultation for the Eaglehawk Open Space Master Plan was extensive and included individual stakeholder meetings, public meetings, CoGB staff workshop, an online survey and mail drop. The Master Plan was adopted following consideration of community feedback.

Internal Consultation: Both design & documentation projects have involved Project Working Groups reflecting a number of operational areas to ensure the proposed works will be fit for purpose and meet the expectations of the community and Council.

External Consultation: Consultation during the design and documentation phases has been generally focussed on stakeholder and key user groups including the following:

Eaglehawk Cricket Club Eaglehawk Football/Netball Club Eaglehawk Bowls Club Bendigo Regional YMCA PAGE 141

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Dahlia & Arts Festival Bendigo Triathlon Club Stakeholder groups were individually approached to comment on the landscape plan for the Central Activity Area. There was general approval of the plan, with some relatively minor changes requested, and for the most part accommodated.

Consultation with the greater Eaglehawk community has also been facilitated through presentations given by the Ward Councillor at his regular Ward meetings.

Resource Implications Detailed cost estimates have been prepared by a Quantity Surveyor in parallel with the documentation packages. These are estimated with a professional level of accuracy, but do not allow for any cost escalation since their development in December 2011. Officers are currently seeking an updated estimate to include any cost escalations to the anticipated construction commencement date of September 2013.

Eaglehawk Open Space Precinct - Central Activity Area Development Works Costs Stage

Estimated Cost

Possible Tender Period

Possible Period

Construction

(Dec 2011) Stage 1a (sporting surfaces)

$1,836,724

Jul-Aug 2013

Sep-Dec 2013

Stage 1b (multi-use pavilion building)

$624,303

Oct-Nov 2013

Feb-May 2014

Stage 2 (civil/landscaping)

$1,608,506

Feb-Mar 2013

Jul-Dec 2014

TOTAL

$4,069,533 (as at December 2011)

Council should note that if Stage 1a & b is funded in 2013/2014 there is a need to continue construction of Stage 2 in the 2014/2015 financial year as this includes critical items such as rectification of the roadways, stormwater management and landscaping in addition to the events space.

Previous Council Support: The 2010/2011 CoGB Budget included an allocation of $50,000 for the development of a Master Plan which incorporated the Heritage Gardens, Canterbury Park, Lake Neangar and Lake Tom Thumb.

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The 2011/2012 CoGB Budget included an allocation of $120,000 for detail design of the Canterbury Park Central Activity Area and a further allocation of $25,000 to detail design of a multi-use pavilion to service Cricket, Netball, Triathlon and the Dahlia & Arts Festival users.

External Funding Sources: The CoGB proposes to seek $650,000 from the State Government in order to complete Stage 1a as its application to the Community Facilities Funding Program – Major Facilities category.

A further $400,000 has been allocated from the State Government to the Eaglehawk Football / Netball Club as an election commitment for upgrade and expansion of the Social Pavilion servicing the oval. Initial cost plans developed for that project indicate construction costs in the area of $1,700,000. Officers are in discussion with the Club regarding the possible reallocation of these funds toward the multi-use pavilion as part of Stage 1b of this project.

Officers are currently in consultation with the user groups to discuss and confirm financial contributions toward this project. At the time of completing this report details regarding contributions were not available.

Current Estimate or Tender Price: Quantity Surveyors Estimates as at December 2011:

Stage 1b $1,836,724 Stage 1b $624,303 Stage 2 $1,608,506 Total $4,069,533

This would equate to a 2013/2014 construction budget of $2,461,027 and a 2014/2015 construction budget of $1,608,506.

Any known or anticipated variance to budget: Officers are currently seeking updated Quantity Surveyors estimates to indicate escalations to the revised anticipated construction commencement date of September 2013.

Projected costs for future financial years: To support this grant application, CoGB contributions will be referred to the 2013/2014 and 2014/2015 draft Budgets for consideration by Council.

Based on December 2011 detailed cost plans, CoGB contributions would be: 2013/2014 $1,811,027, and 2014/2015 $1,608,506

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Any ongoing recurrent expenditure required: Ongoing maintenance of these facilities will be factored in to the City’s Asset Management Plans for Buildings and Playing Surfaces – Hard Surfaces. These asset management plans consider the lifecycle costs of CoGB owned / controlled assets (e.g. painting or end of useful asset life replacement).

Conclusion The CoGB is eligible to submit a grant application to the State Government seeking up to $650,000 income in the 2013/2014 financial year. The strongest application for this grant program is the Canterbury Park Central Activity Area. This area is split into three construction stages which include 2 netball courts (1 marked for tennis), multi-purpose cricket nets, 1 bowling green and surrounds, rebound wall, multi-purpose pavilion / change rooms / public toilet, roadways, car parking, lighting, event space and walking paths.

If Council commits to submitting this application a CoGB contribution is required over the 2013/2014 and 2014/2015 financial years. Progression of this grant application needs to be considered in light of the recent request by Council to fund the Vision Superannuation shortfall and associated impact on CoGB’s financial position.

Attachments 1. Canterbury Park Central Activity Area site staging plan.

2. Multi-use pavilion floor plan RECOMMENDATION That Council: 1 Acknowledge the significant role sport and recreation plays within the Eaglehawk community.

2 Support the application for Canterbury Park Central Activity Area to be submitted to the State Government’s Community Facilities Funding Program – Major Facilities category.

3 Subject to the successful allocation of funds by the State Government, allocate the necessary City of Greater Bendigo financial contributions as part of 2013/2014 CoGB budget deliberations.

4 Subject to the successful allocation of funds by the State Government, allocate the necessary CoGB financial contribution as part of 2014/2015 CoGB budget deliberations.

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5.

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OUR PEOPLE, OUR PROCESSES

5.1 ACCOUNTS PAYABLE AND CONTRACTS AWARDED UNDER DELEGATION Document Information Author

Janet Worthington, Accounts Payable Officer Leeanne Taig, Administration Assistant, Contract and Project Coordination Unit

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to provide information on accounts payable issued under delegation.

Policy Context Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability.

Report Cheque Nos.

154846

to

154943

$573,826.43

Electronic Funds Transfer

086516

to

087269

$6,396,126.70

The pre-payments as listed above totalling $573,826.43 and Electronic Funds Transfer $6,396,126.70 are submitted for the information of Council.

Contracts Awarded under Delegation The following contracts subject to public tender, have been issued under delegation by the officer as listed (Instrument of Delegation - August 5, 2009):

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Contract No

Project

Successful Contractor

2451

Consultancy Services Design & Documentation for Eaglehawk Open Space Precinct Central Activity Area

Michael Smith & Associates Landscape Architecture & Urban Design

100,328.00

Darren Fuzzard

7 June 2012

2531

Asphalt Works

Boral Resources (Vic) Pty Ltd

653,443.49

Craig Niemann

21 May 2012

Global Contracting Pty Ltd

1,176,209.00

Craig Niemann

24 May 2012

North Vic Constructions

495,060.25

Darren Fuzzard

18 June 2012

BP & RM Carboon Pty Ltd

105,094.00

Andy Walker

23 May 2012

Strath Eppalock Fencing

57,245.00

Pauline Gordon

31 May 2012

Sinclair Knight Merz Pty Ltd

37,608.00

Nick Byrne

13 June 2012

2538

2545

2546

2548

2559

Surfacing

Kennewell Street between Scott street and Buckland Street Bridge Construction at Wesley Street over Bridge Creek Quarry Hill Hall Storage & Accessible Toilet Upgrade Cricket Training Nets at Heathcote Recreation Reserve Residential Development Strategy Review – Physical Infrastructure Identification

Value (GST Excl)

Delegated Officer

Date Signed

Attachments 1.

A listing of the cheques and electronic funds transfer are included in the attachments to the Business Paper.

RECOMMENDATION That the Delegated Authority for Accounts Payable and Contracts, as outlined in this report, be endorsed by Council.

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5.2 RECORD OF ASSEMBLIES Document Information Author

Peter Davies, Manager Executive Services

Responsible Officer

Craig Niemann, Chief Executive Officer

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

Policy Context An amendment to the Local Government Act 1989, which came into effect on September 24, 2010, requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the Minutes.

Background Information The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.

A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1.

2.

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

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

Report Outlined below are the details of assemblies of Councillors held since the last meeting.

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 15 August 2012

Meeting Information Heritage Advisory Committee Thursday 21 June 2012 1. Boundary stones update 2. Promoting the Promoters 3. Ravenswood 4. Heritage Awards 5. C162 Heritage Policy Citations Review 6. Gaol redevelopment 7. Australia Heritage Strategy 8. Strategy update 9. Bendigo Hospital laundry chimney 10. Meeting with Mount Alexander Shire Heritage Advisory Committee Attendees/Apologies Cr Peter Cox Helen Ashby David Bannear Laurie Brown Emma Bryant Elaine Doling Peter Ellis Jordan Grenfell Kay MacGregor Katie Nolan Di Smith Norm Stimson Darren Wright Apologies: David Mulqueen Rod Spitty

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No.

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 15 August 2012

Meeting Information Waste and Resource Management Advisory Committee Tuesday 10 July 2012 1. Terms of reference and governance structures 2. 'Yammer' online collaboration 3. Background paper 4. Presentation by waste consultant, David Maltby 5. Community engagement 6. Visioning workshop 7. Developing options Attendees/Apologies Cr Peter Cox Cr Barry Lyons Jeff Cummins Rebecca Dempsey Veronica Hall Nicole Hood Verity Lougoon Danny Potter Brian Stanmore Don Erskine Robyn Major Susan Hayes Apologies: Darren Fuzzard Glen Morrison Chris Harrington

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No.

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Matter No. 1.

1.

9.

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Meeting Information Councillors' Forum Wednesday 18 July, 2012 1. Planning matters and draft Ordinary Meeting agenda review (Budget Submissions, Adoption of Budget) 2. Presentation by Damien Tangey re proposed rezoning at Maiden Gully 3. CFA signing off on planning permits 4. MAV Members brief 5. Amendment C131 6. Fortuna 7. Animal Management Contract 8. Mitchell Street Bus Stop and Streetscape Development 9. Defined Benefits Superannuation Scheme 10. Outdoor Dining and Street Trading 11. Confidential Section 89 Report Attendees/Apologies Cr Alec Sandner Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Barry Lyons Cr Bruce Phillips Cr James Reade Cr Keith Reynard Cr Lisa Ruffell Mr Stan Liacos Ms Pauline Gordon Mr Darren Fuzzard Ms Prue Mansfield Mr Peter Davies Mr Andrew Lyons Mrs Alison Campbell Apologies: Mr Craig Niemann Ms Marg Allan

Conflict of Interest disclosures Councillor/Officer making disclosure Councillor left meeting Cr Reade Cr Ruffell Peter Davies

Yes Yes No

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 15 August 2012

Meeting Information Heritage Advisory Committee Thursday 19 July, 2012 1. Learnings from Mount Alexander Shire Council Heritage Advisory Committee visit 2. Heritage Awards 3. Next steps on restoring our Heritage Magazine 4. Strategy update 5. Councillors' Heritage Advisory Committee briefing 6. Applications for demolition 7. Planning update 8. Heritage Restoration loan applications 9. Heritage Adviser's report 10. BRAC update 11. Farewell to Peter Brooks Attendees/Apologies Cr Peter Cox Peter Brooks Laurie Brown Emma Bryant Elaine Doling Joran Grenfell Dannielle Orr Di Smith Norm Stimson Darren Wright Apologies: Helen Ashby Nick Byrne Peter Ellis

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Yes / No

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 15 August 2012

Meeting Information Planning Consultation Meeting Application Number: DSD/343/2011 926 Wellington Street, Strathfieldsaye 29 June 2012 1. The Planning process 2. Traffic Issues 3. Drainage Issues 4. Neighbourhood Character 5. Density/Lot Sizes 6. History of the Site Attendees/Apologies Cr Keith Reynard Chris Duckett Objectors

Conflict of Interest disclosures Matter Councillor/representative making Councillor/representative No. disclosure left meeting

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Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Ordinary Meeting - 15 August 2012

Meeting Information Planning Consultation Meeting Application DS/195/2012 41 Buckland Street, Epsom 19 June 2012 1. Neighbourhood Character 2. Native Vegetation 3. Infrastructure 4. Fencing

Attendees/Apologies Cr Lisa Ruffell & Cr Peter Cox Stephen Wainwright Objectors Applicant

Conflict of Interest disclosures Matter Councillor/representative making Councillor/representative No. disclosure left meeting

Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Meeting Information Planning Consultation Meeting Application Number: DU/224/2012 10-20 Gaol Road, Bendigo 22 June 2012 1. Planning process 2. Location of the project 3. Heritage Impacts 4. Parking 5. Traffic Attendees/Apologies Cr Peter Cox and Cr Lisa Ruffell Peter Hargreaves, Stan Liacos, Rachel Lee & Phil Hansen Dale Pearce, Bendigo Senior Secondary College Bruce Corrie, Department of Education and Early Childhood Development Stephen Hunt, Cardno Grogran Richards

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Yes / No PAGE 153

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Meeting Date Matters discussed

Meeting Information Planning Consultation Meeting Application Number: DS/92/2012 320 Howard Street, Eaglehawk 31 May 2012 1. Traffic

Councillors

Attendees/Apologies Cr Peter Cox

Staff/ Community Representatives

Stephen Wainwright Objectors Applicant

Meeting Name/Type

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Yes / No

Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Meeting Information Consultation Meeting Application Number: DS/246/2012 12 Robert Street, Kangaroo Flat 4 June 2012 1. Native Vegetation 2. Neighbourhood Character 3. Drainage 4. Traffic Attendees/Apologies Cr Barry Lyons Stephen Wainwright Objector/s Applicant

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Yes / No RECOMMENDATION That Council endorse the record of assemblies of Councillors as outlined in this report.

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5.3 BETTER PROCUREMENT PROCESS THROUGH DELEGATION Document Information Authors

Peter Davies, Manager Executive Services Richard Morrison, Manager Contract and Project Coordination

Responsible Officers

Craig Niemann, Chief Executive Officer Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to highlight improvements in procurement processes and to make a minor amendment to the Chief Executive Officer's Instrument of Delegation to facilitate further improvement in procurement processes.

Policy Context Council adopted an updated Procurement Policy in May of this year.

The purpose of this Policy is to: • • • • •

provide policy and guidance to the CoGB to allow consistency and control over Procurement activities; demonstrate accountability to ratepayers; provide guidance on ethical behaviour in public sector purchasing; demonstrate the application of elements of best practice in purchasing; and increase the probability of obtaining the right outcome when purchasing goods and services.

Council adopted an updated Instrument of Delegation to the Chief Executive Officer in August 2009. This Instrument of Delegation provides the CEO capacity to exercise administrative functions, in accordance with the Council Plan, Council Policies and adopted Budget.

Background Information The CoGB has been a key player in procurement initiatives with the State Government and other Councils, as part of the Procurement Excellence Program (PEP). The PEP is being delivered in collaboration with local councils, peak bodies, industry and other key partners, and focuses on significant areas of activity designed to embed procurement excellence within Councils. This includes a procurement excellence suite of tools and resources and procurement roadmaps tailored to each Council.

Procurement is the whole process of acquisition of external goods, services and works.

This process spans the whole life cycle from initial concept through to the end of the useful life of an asset, including disposal or the end of a service contract.

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To assist staff in the Procurement process, a number of documents and are available to staff, including: • • • • • • • • • • • •

CEO's Instrument of Delegation CEO's Delegation to Staff Council Preferred Contractors List Current Annual Supply Contracts ECO-Buy How to Procure Legislative requirements MAV Procurement Contracts Procurement Australia Contracts Procurement Training Resources Social Procurement Guidance notes State Purchase Contracts & Whole of Victorian Government Contracts

CEO Instrument of Delegation At its Governance Meeting held on February 8, 2012, Councillors considered some issues that had been identified as part of a review of the CEO's Instrument of Delegation, including provision to allow the CEO to vary contracts already approved by the Council up to 10% of the original contract price to add certainty and flexibility. It had been identified that as projects progress, there may be variations both upwards and downwards and the project may exceed the contract price awarded by Council.

The power to award contracts is currently limited to $1.5M and has no reference to GST inclusive or exclusive or variations or whether it is for a single or multi-year contract.

Report As part of improvements to procurement processes, the Contract and Project Coordination Unit has been working on panel contracts, spanning a number of years, for products and services that are routinely provided to Council each year. These products and services include traffic management services, water carting, concrete, footpath construction, building maintenance, quarry products, kerb and channel construction, uniforms and stationery. Specifications for these types of services may require tenderers to submit a schedule of rates. The suppliers are recommended to be appointed to the panel based on cost of services and other factors as defined in Council's Procurement Policy.

Appointing of suppliers for routine services is considered to be an administrative function that can be delegated to the CEO or the CEO's Delegate, depending on the level of expenditure. The CEO can currently appoint a panel of suppliers following a tender process, because the appointment of panel members does not commit the CoGB to use the supplier for any particular level of expenditure. However, through purchase orders over a number of years, the amount of expenditure for a particular supplier could exceed the $1.5m limit on the CEO's Instrument of Delegation. This situation could also apply if there are options to extend the contract. It would therefore be desirable to specify in the Instrument of Delegation that the $1.5m is on a per annum basis.

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Council has strong probity controls over awarding of contracts to ensure that the Procurement Policy is adhered to and that all prospective suppliers are treated fairly and equally during the procurement process. There is also a requirement under the Local Government Act to go out to public tender for expenditure over a defined value.

Then the internal control is exercised by: - Specification - Tendering - Tender evaluation criteria - Panel recommendation - Review by the CEO or Delegate prior to appointment - Panel contract entered into by the supplier - Council Budget allocation - Purchase order When we appoint the Panel of contractors we ask them to enter into a contract to be a supplier. We are contracting them to be part of the Panel, it is not for an amount that is governed by purchase order and Council Budget.

As there is potential for the expenditure with an individual supplier to exceed existing delegations over a number of years, the approach proposed is outlined below. The multi-year arrangements are of most relevance.

One Supplier, Lump Sum, Single Engagement This type of contract is used primarily for project based work or tasks that have a specific outcome and cease when the outcome is achieved. This includes work such as design, construction and consultancy. CoGB commits to using the contracted supplier to provide the specified works for the agreed lump sum price.

The contract delegation for financial approvals and variations that apply is based on the amount of the lump sum.

One Supplier, Annual Sum, Multi Year This type of contract is primarily used for ongoing service provision where the quantity of service is known/fixed. CoGB commits to using the contracted supplier to provide the specified service for an agreed annual amount (usually paid via monthly invoice) over a multi year term.

The contract delegation that applies is based on the total cost of the contract over the full contract term, including optional extensions. e.g. $100k per year for a 3 year initial term with 2 extensions of 1 year each, gives a total contract amount for contract financial delegation approval purposes of $500k.

For administration purposes, the delegated approver can make the decision to take up any contract extension options to the appropriate delegation level.

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One or Multiple Suppliers (Panels), Schedule of Rates, Multi Year This type of contract is primarily used for ongoing service provision or materials supply where there is an approved annual budget figure for the service/materials but the quantity required is not certain or is on an as needed basis.

CoGB has committed to using the contracted supplier/s to provide the specified service/materials at the rates agreed to in the contract. The quantity and delivery requirements are specified at the time of purchase via an approved Purchase Order.

In this type of contract, the delegated approver is actually approving the price schedule and contract terms and conditions, not a financial commitment. The transactional financial approval is managed via the Purchase Order process and the ultimate financial accountability is measured via the expenditure to the approved budget line.

The contract delegation that applies is based on the delegation amount being utilised on an annual basis over the full contract term, including optional extensions. As there is no annual amount specified in the contract document, the CoGB budget line amount for the service/materials used to determine the expected spend over the contract term, e.g. on a three (3) year panel contract, we may have four (4) suppliers contracted to supply materials for which there is a budget for $800,000 in a year. For delegation purposes the total contract spend is treated as three (3) times $800,000 which is $2.4m. This is within the CEO budget delegation of $1.5m per annum or $4.5m over the contract's three (3) year period.

For administration purposes, the delegated approver can delegate the decision to take up any contract extension options to the appropriate management level.

Priority/Importance: Obtaining quality and value for money from the procurement process is a high priority for Council.

Timelines: The Local Government Act requires a Council to review the CEO's Instrument of Delegation within twelve months of the Election and this review will need to be undertaken, however, this amendment is still relevant to facilitate administrative efficiency. Council should also note that the limitations on awarding of contracts during the caretaker period apply to the CEO's Delegated Authority as well. During this period, no contracts exceeding 1% of rate revenue ($687,730) can be awarded.

Consultation/Communication The approach has been developed in consultation with the Director, Presentation and Assets, as most of the panel contracts relate to that part of the organisation.

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Resource Implications This is a minor amendment to the CEO's Instrument of Delegation. There are no specific resources implication, however, it is expected that through an improved procurement process, there may be savings for the organisation.

Conclusion It is proposed that the clause in the CEO's Instrument of Delegation be amended from 3.

Awarding of contracts up to $1.5m in accordance with Council Policy and any contracts awarded following a public tender process be reported to Council within two (2) meetings.

to 3.

Awarding of contracts up to $1.5m (exclusive of GST) for one supplier, lump sum, single engagement contracts and variations up to 10% of the original contract price and $1.5m per annum (exclusive of GST) for multi-year, schedule of rates based contracts in accordance with Council Policy and any contracts awarded following a public tender process be reported to Council within two (2) meetings.

Attachments Nil RECOMMENDATION That the Chief Executive Officer's Instrument of Delegation be amended to provide for awarding of contracts up to $1.5m (exclusive of GST) for one supplier, lump sum, single engagement contracts and variations up to 10% of the original contract price and $1.5m per annum (exclusive of GST) for multi-year, schedule of rates based contracts in accordance with Council Policy and any contracts awarded following a public tender process be reported to Council within two (2) meetings and that the seal of Council be affixed to the amended Instrument of Delegation.

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6.

URGENT BUSINESS

Nil.

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7.

NOTICES OF MOTION

7.1 NOTICE OF MOTION - DIFFERENTIAL RATE FOR RETIREMENT VILLAGES

CR LISA RUFFELL

That Council officers prepare a report on Differential Rates for Retirement Villages for Council to consider at an Ordinary Public Council Meeting.

Officer Comment: This matter has previously been considered by Councillors when reviewing the Rating Structure in 2011. At that time, Councillors confirmed the existing rating structure which has continued to be applied in the 2011/12 and 2012/13 budgets. This matter was further considered as a result of a budget submission to the 2012/13 Budget. The current rating structure utilises one rate category for Residential Purposes. The use of a single Residential Rate relies on the property valuation to generate the different levels of rates within the category.

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7.2 NOTICE OF MOTION - MINOR SPORTS

CR LISA RUFFELL

That Council officers prepare a report for Council on the future needs of ice skating and roller derby sports to consider at an Ordinary Public Council Meeting.

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8.

COUNCILLORS' REPORTS

9.

MAYOR'S REPORT

10. CHIEF EXECUTIVE OFFICER'S REPORT 11. CONFIDENTIAL (SECTION 89) REPORTS Nil.

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