Council Meeting Agenda 17 October 2012

AGENDA Ordinary Meeting of Council Wednesday October 17, 2012 6:00pm - Presentation of 2011/2012 Annual Report to the Community - Presentation of the Report of the 2011/2012 Mayoral Term - Recognition of Retiring Councillors, James Reade and Keith Reynard 7:30pm - Meeting of Council (continued) *** Broadcast live on Phoenix FM 106.7 ***

VENUE: 6.00pm 7.30pm

Main Hall First Floor, Reception Room Bendigo Town Hall, Hargreaves Street, Bendigo

NEXT MEETING: Wednesday November 14, 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 17 OCTOBER 2012

ORDER OF BUSINESS: ACKNOWLEDGEMENT OF COUNTRY........................................................................3 PRAYER........................................................................................................................3 PRESENT......................................................................................................................3 APOLOGIES..................................................................................................................3 SUSPENSION OF STANDING ORDERS .....................................................................3 PUBLIC QUESTION TIME ............................................................................................3 RESUMPTION OF STANDING ORDERS .....................................................................4 1.

ANNUAL REPORT 2011/2012 ...............................................................................5 1.1

Consideration of the City of Greater Bendigo 2011/2012 Annual Report ........5

1.2

Presentation of the Report of the 2011/2012 Mayoral Term............................8

1.3

Recognition of Retiring Councillors, James Reade and Keith Reynard...........8

1.4

Response from Retiring Councillors, James Reade and Keith Reynard ……. 8

1.5

Adjournment of Meeting ..................................................................................8

1.6

Resumption of the Ordinary Meeting of Council in the First Floor, Reception

Room ........................................................................................................................8 DECLARATIONS OF CONFLICT OF INTEREST .........................................................9 CONFIRMATION OF MINUTES ..................................................................................10 2.

PETITIONS AND JOINT LETTERS......................................................................12

3.

BUILT AND NATURAL ENVIRONMENT..............................................................13 3.1

Planning Scheme Amendment C190 - Rezoning of Land at 244 Edwards

Road, Maiden Gully and Crown Allotments 43A, 43B, 43D, 43H and 43J Parish of Marong - Consideration of Request for Ministerial Authorisation & Exhibition of Amendment..............................................................................................................13 3.2

Adoption of Amendment C180 - To Rezone Land at 35A High Street, 39 High

Street and 4 Danson Street, Kangaroo Flat to Business 4 Zone (APCO Site) .........32 3.3

Construction of 29 One Bedroom Dwellings and Removal of Native

Vegetation - 73 Howard Street, Ascot ......................................................................39 3.4

Five Lot Subdivision, Removal of Outbuildings,

Construction of Three

Dwellings and Construction of Two Carports - 64 - 66 Drought Street, Bendigo......58

3.5

Use and Development of Fitness Centre, Business Identification Signage and

Car Parking (Amendment to Permit to Remove Condition 20 to Allow 24 Hour Access to the Gym) - 435-439 High Street, Golden Square.....................................78 3.6

2 Lot Subdivision of Land - 5 Lethebys Road, Sailors Gully ..........................84

3.7

Re-Subdivision of Land into Two Lots - CAs 15B, 16B & 17B Brownes Lane,

Axedale ....................................................................................................................93 3.8

Submission to the Proposed Zone Reforms ................................................105

3.9

Crocodile Gold P/L Fosterville Gold Project Nominations for Community

Representatives .....................................................................................................109 3.10

Response to Petitions:

Dust Problem and Proposed Road Closure in

Chrysler Drive, Epsom ...........................................................................................111 4.

Economic Development......................................................................................118 4.1

Edward Street Car Park and Office Completion Report Summary ..............118

4.2

Annual Venue Report The Capital 2011/12 .................................................129

4.3

Annual Report for Bendigo and Heathcote Visitor Information Centres

Tourism 2011 .........................................................................................................134 4.4

Annual Venue Report for Bendigo Art Gallery and Post Office Gallery

2011/2012 ..............................................................................................................140 4.5 5.

Annual Venue Report Bendigo Exhibition Centre 2011/12 ..........................145

COMMUNITY AND CULTURE ...........................................................................150 5.1

Community Facilities Funding Program - Soccer Facilities..........................150

5.2

Regional Strategic Plan (RSP) - Southern Region Annual Report 2011/2012... ....................................................................................................................155

6.

OUR PEOPLE, OUR PROCESSES ...................................................................160 6.1

Accounts Payable and Contracts Awarded Under Delegation.....................160

6.2

Record of Assemblies..................................................................................162

6.3

Proposed Council Meeting Dates for Remainder of 2012............................168

6.4

Bendigo Trust Annual Report 2011/2012 ....................................................170

6.5

Goldfields Library Corporation Annual Report 2011/2012 ...........................176

6.6

Bendigo Stadium Annual Report 2011/2012 ...............................................181

7.

URGENT BUSINESS .........................................................................................187

8.

NOTICES OF MOTION ......................................................................................187

9.

COUNCILLORS' REPORTS...............................................................................187

10. MAYOR'S REPORT............................................................................................187

11. CHIEF EXECUTIVE OFFICER'S REPORT ........................................................187 12. CONFIDENTIAL (SECTION 89) REPORTS .......................................................187

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

Ordinary Meeting - 17 October 2012

ACKNOWLEDGEMENT OF COUNTRY PRAYER PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the CEO's Annual Report Presentation 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 - 17 October 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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Annual Report - 2011/2012

1.

Ordinary Meeting - 17 October 2012

ANNUAL REPORT 2011/2012

1.1 CONSIDERATION OF THE CITY OF GREATER BENDIGO 2011/2012 ANNUAL REPORT Document Information Author

Lyn Talbot, Corporate and Community Planner, Strategy

Responsible

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of this report is to provide the opportunity for Council and the community to consider and review the City of Greater Bendigo 2011/2012 Annual Report and make any recommendations for changes considered necessary.

Policy Context The Council Plan 2009-2013 (updated 2012) highlights reporting on performance as a key component of the Corporate Planning Framework. The Plan states: The Annual Report is a detailed report on performance over the past financial year, and includes detailed financial statements and a range of statutory information required under the Local Government Act 1989.

Background Information An Annual Report is required to meet legislative reporting requirements; however, it also provides an opportunity to communicate internally and externally, with staff, community, government and industry stakeholders regarding the roles, functions and achievements of the City of Greater Bendigo in the preceding year.

The Report not only highlights the major achievements of the 2011/2012 year, but also has a focus on telling the story of the City's operations throughout the year. This is supported by the inclusion of numerous photos, facts and figures throughout the report.

Report Key dates relating to the development and finalisation of the City of Greater Bendigo 2011/2012 Annual Report are as follows: •

During July/August 2012 Councillors had an opportunity to view content for the ‘Your Councillors’ section, and revise it where necessary.

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Annual Report - 2011/2012

•

Ordinary Meeting - 17 October 2012

On 30 August 2012 members of the Audit Committee had the opportunity to review the draft Financial Statements, the draft Standard Statements and the draft Performance Statement for the 2011/2012 financial year for submission to the Auditor General. Following any necessary revisions, these documents have been incorporated into the Annual Report.

Consultation/Communication Internal Consultation: A cross-organisational collaboration has supported the development of the Annual Report, particularly with the provision of statistical data updates.

The detail for the various written sections has largely been sourced from existing documents already made available to the public, such as press releases and quarterly reports to Council.

The Communications Unit has sourced the relevant photos from its repository.

Each Director, the Manager Finance and staff members who have contributed sections have been provided with a copy of their draft section for the Annual Report to review for accuracy and completeness and where necessary to have their suggestions and amendments incorporated.

The report against the indicators that were set out in the 2011/12 Council Plan is more comprehensive than in the past. At the end of the report for each Council Plan goal area, the results from the Statewide Community satisfaction survey have been presented in a graph format compared to statewide averages. The results presented vary somewhat from the indicators that were originally stated because the Statewide Survey items were updated during the year. This anomaly has been acknowledged in the document, in accordance with VAGO advice. In addition the report against internal City of Greater Bendigo process indicators is also presented in table format.

External Communication Residents have been informed by public notice of the Annual Report's preparation and availability for inspection. Comments were not sought as it is a retrospective report of the organisation's activities. Copies of the Annual Report will be distributed to key organisations of community, business, government, education, health and welfare sectors of Greater Bendigo.

Conclusion The City of Greater Bendigo 2011/2012 Annual Report has been prepared and submitted according to the requirements of the Local Government Act 1989.

Resource Implications Printing and layout of the Annual Report is provided for in the 2012/2013 budget.

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Annual Report - 2011/2012

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Attachments •

Annual Report

RECOMMENDATION That the Greater Bendigo City Council receive the City of Greater Bendigo 2011/2012 Annual Report.

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Ordinary Meeting - 17 October 2012

1.2 PRESENTATION OF THE REPORT OF THE 2011/2012 MAYORAL TERM

MOTION That the report prepared of the 2011/2012 Mayoral Term, be accepted.

1.3 RECOGNITION OF RETIRING COUNCILLORS, JAMES READE AND KEITH REYNARD MOTION That Council formally acknowledge the service of Crs Reade and Reynard.

1.4 RESPONSE FROM RETIRING KEITH REYNARD

COUNCILLORS,

JAMES

READE

AND

1.5 ADJOURNMENT OF MEETING MOTION That the meeting be adjourned until 7.30pm in the First Floor Reception Room (Bendigo Town Hall), to allow for refreshments with members of the community.

1.6 RESUMPTION OF THE ORDINARY MEETING OF COUNCIL IN THE FIRST FLOOR, RECEPTION ROOM MOTION That the meeting be resumed.

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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 - 17 October 2012

CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday September 26, 2012.

The following items were considered at the Ordinary Council meeting held on Wednesday September 26, 2012 at 6:00pm.

• • • • • • • • • • • • • • • • • • • • • • • • •

Petition: Request for Relocation of Partial Road Closure Barricade in Chrysler Drive, Epsom Planning Scheme Amendment C186 - Consideration of an Authorisation Request to Update the Planning Controls for the former Crystal Ice and Gillies Pie Factory Sites Planning Scheme Amendments - To Request Interim Heritage Controls for 52 Edward Street, Bendigo (C187) and Seek Authorisation for Permanent Heritage Controls (C189) for 52 Edward Street and 72 Queen Street, Bendigo Planning Scheme Amendments - To Endorse Request for Interim Heritage Controls (C188) and Seek Authorisation for Permanent Heritage Controls (C189) for 27 Pallett Street, Golden Square Use of Land for Place of Worship and Place of Assembly and a Waiver and Reduction in Car Parking - 24-30 View Street, Bendigo Subdivision of Land into 52 Lots and the Removal of Native Vegetation - 320 Howard Street, Eaglehawk Staged Subdivision of Land and the Removal of Native Vegetation (A Permit Amendment to Create an Additional Lot) - Elsworth Park Estate, Strathfieldsaye Subdivision of Land into Two Lots - 24-28 Holmes Road, North Bendigo Subdivision of Land into 5 Lots and Construction of 5 Two Storey Dwellings and Waiver of Visitor Parking Requirement - 46 Nolan Street, North Bendigo Subdivision of Land into Four Lots and Construction of Four Dwellings - 24 Harpin Street, Strathdale Construction of a Dwelling and Associated Sheds on Lot 2 at 1000 AxedaleGoornong Road, Fosterville 2-Lot Subdivision, Demolition of Outbuilding and Part of Dwelling; Construction of Carport and Fences - 19 Milroy Street, Bendigo Response to Petition: Request for Speed Humps in Bobs Street, White Hills Mitchell Street Bus Stops and Streetscape Redevelopment Eaglehawk Regional Play Space - Presentation of Concept Design and Release for Public Consultation - Contract No: 2494-2011/12 Gateway Park Master Plan - Results of Community Engagement and Finalisation of Master Plan Municipal Fire Management Plan 2012/2015 Community Facilities Funding Program (Minor) 2013-2014 Community Policing Vehicle Kids Character Carnival Accounts Payable and Contracts Awarded Under Delegation Record of Assemblies Appointment of Independent Member of the Audit Committee Bendigo Regional Archive Centre Annual Report 2011/2012 Improving the Way We Do Things - 2011/2012 Annual Report

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Ordinary Meeting - 17 October 2012

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 September 16, 2012, as circulated, be taken as read and confirmed.

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2.

PETITIONS AND JOINT LETTERS

Nil.

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Built and Natural Environment - Reports

3.

Ordinary Meeting - 17 October 2012

BUILT AND NATURAL ENVIRONMENT

3.1 PLANNING SCHEME AMENDMENT C190 - REZONING OF LAND AT 244 EDWARDS ROAD, MAIDEN GULLY AND CROWN ALLOTMENTS 43A, 43B, 43D, 43H AND 43J PARISH OF MARONG CONSIDERATION OF REQUEST FOR MINISTERIAL AUTHORISATION & EXHIBITION OF AMENDMENT Document Information Author

Shannon Rosewarne, Senior Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose This report recommends that Council request the Minister for Planning to authorise Council to prepare and exhibit an amendment to the Greater Bendigo Planning Scheme. The Amendment seeks to amend the Urban Growth Boundary and to rezone approximately 182.72 hectares in Edwards Road, Maiden Gully from Farming Zone to Residential 1 Zone and Public Park and Recreation Zone, apply appropriate Overlays, and make other consequential changes to the Planning Scheme.

The land comprises 6 parcels, with the developable area comprising approximately 125 hectares of largely cleared grazing land, while the remaining land is forested.

A Master Plan has been prepared for the proposed Forest Park Estate. The key elements of the development are: • A new neighbourhood of 1,200-1,400 dwellings; • A future local retail/neighbourhood hub to service the neighbourhood; • Medium density, compact housing distributed throughout the estate; • A hierarchy of formal open space and forested reserves abutting the Estate dedicated as public open space with an interpretation trail comprising walking and cycling trails; • An internal network of paths which links to external walking and cycling trails.

A draft Section 173 Agreement is also proposed, which will address infrastructure contributions, in the absence of a formal Development Contributions Plan. The infrastructure will include open space, an interpretation trail, walking and cycling connections, a multipurpose community centre and reconstruction of Rathbones Lane to allow for a bus route.

The key issues relating to this Amendment include: • Bushfire risk; • Timing of the development and impacts on residential growth areas; • Urban - forest interface; PAGE 13

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• •

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Loss of native vegetation; Provision of a community centre.

The potential bushfire risk is an important factor in considering whether to rezone the land, as is the implications of this development on land within the Maiden Gully North East Structure Plan area and other planned growth areas.

While the land is not identified for future development within the City’s Residential Development Strategy, the site presents an opportunity to provide for additional housing in an area which is able to be fully serviced and is contiguous with existing residential development. The land has few physical constraints to development, is in single ownership and is largely cleared of significant vegetation. Overall, the site is a logical inclusion within the Urban Growth Boundary.

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.

Background Information In 2004, the proponent for this Amendment made a submission to Amendment C60 which, amongst other strategic work, introduced the Residential Development Strategy into the Planning Scheme. The submission sought the inclusion of the subject site within the Urban Growth Boundary, or that alternatively it be considered when the Maiden Gully Structure Plan was prepared.

The Panel did not recommend the site for inclusion within the Urban Growth Boundary as it was not part of the exhibited amendment and it constituted a significant departure from the recommendations of the Residential Development Strategy which provided for large areas of rural zoned land in Maiden Gully to be included within the Urban Growth Boundary. The Panel noted that Council had the ability to consider sites for development outside the Urban Growth Boundary.

The Panel recommended that Council consider the site in its review of the Maiden Gully Structure Plan.

The City of Greater Bendigo’s Strategy Unit is currently developing a structure plan for part of Maiden Gully, located north east of the existing town centre. The Director of Planning & Development and the Statutory and Strategic Planning Departments decided not to include the subject land in the Maiden Gully North East Structure Plan as the site is not contiguous with the structure plan area and the Structure Plan will likely require more time to resolve the existing planning issues. Therefore the proponent was advised the appropriate process was to submit a separate amendment for the rezoning of the subject land.

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Discussions regarding the proposal have occurred between the City and the proponent since 2011, and a three day planning design forum, attended by City officers and various State Government and referral agencies, was held in February 2012.

A formal request to amend the Greater Bendigo Planning Scheme was received on 20 August 2012.

The key steps in the amendment process are summarised below:

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Report The Planning and Environment Act 1987 allows for a Planning Scheme Amendment to be initiated by a municipal Council, or a Council can respond to a request for an amendment by any person or body.

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

(Full copy attached).

Land Affected by the Amendment The land affected by this amendment is: • 244 Edwards Road, Maiden Gully; • Crown Allotments 43A, 43B, 43D, 43H and 43J Parish of Marong.

Figure 1. Current zoning map

Figure 2. Aerial photograph showing the subject land

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The site is located approximately 8 kilometres west of the Bendigo CBD and 2 kilometres west of the centre of Maiden Gully. The site is bound by Edwards Road to the south, Rathbones Lane to the north, with existing residential development to the east. The Bendigo Regional Park and Council owned land zoned Public Conservation and Resource Zone is located to the north. Private landholdings zoned Farming are located to the west and south.

There is a naturally occurring drainage line through the site that flows from south to north to Myers Creek, located approximately 600 metres to the north west. The drainage line has been modified with two channels that feed a dam on the site. There are four dams on the site.

The area proposed to be developed is largely cleared with the exception of patches of Box Ironbark Forest, a patch of Heathy Dry Forest and scattered trees. The land is presently used for grazing.

The current zoning of the land is Farming Zone, with a Bushfire Management Overlay, Vegetation Protection Overlay and Environmental Significance Overlay 1 affecting parts of the site.

What the Amendment Does The amendment: • Rezones 244 Edwards Road, Maiden Gully from Farming Zone to Residential 1 Zone.

• Rezones land known as Crown Allotments 43A, 43b, 43D, 43H and 43J Parish of Marong from Farming Zone to Public Park and Recreation Zone.

• Includes part of 244 Edwards Road, Maiden Gully where the site abuts Edwards Road in a Bushfire Management Overlay.

• Applies a schedule to the Development Plan Overlay over 244 Edwards Road.

• Amends the Urban Growth Boundary as shown in the Municipal Strategic Statement.

• Makes consequential changes to Clause 21.04 (Strategic Framework – Bendigo Urban Area), 21.05 (Residential Strategic Framework Plan) and the Schedule to Clause 42.02 (Vegetation Protection Overlay 2).

• Inserts the ‘Forest park, Maiden Gully Native vegetation Precinct Plan’ in the schedule to Clause 52.16.

• Amends Clause 81 Incorporated documents by inserting a new Residential Strategy Plan and Native Vegetation Precinct Plan.

Why the Amendment is Required An amendment is required to enable future residential development of the land, generally in accordance with the Roberts Day Master Plan Report, Forest Park Maiden Gully (May 2012). The site has limited subdivision potential under the current zone.

A rezoning of the land to Residential 1 will increase Greater Bendigo’s residential land supply and provide for residential development at a range of densities to accommodate the City’s population growth.

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A new Schedule to the Development Plan Overlay is required to guide development of the site in accordance with the principles set out in the Master Plan.

The extension of the Bushfire Management Overlay over part of the site will ensure that bushfire risk can be appropriately managed.

The introduction of a Native Vegetation Precinct Plan as an Incorporated Plan in the Planning Scheme will set out the requirements for the protection and removal of native vegetation for the site. A Native Vegetation Precinct Plan allows all the native vegetation issues in a precinct to be considered when planning ahead for new development, helps guide the form of future development in a precinct by identifying the native vegetation to be protected and removed in the context of development constraints and opportunities and streamlines the approval of appropriate native vegetation removal.

The Urban Growth Boundary will need to be extended to include the subject land to recognise that the site has been strategically considered for future urban development.

Social, Economic and Environmental Effects Social The site is adjacent to the Urban Growth Boundary and is contiguous with an existing residential area in Maiden Gully. This development will create a new neighbourhood. The proposal will provide between 1,200 and 1,400 lots and at full development will yield a population of 3,560 to 4,160.

It is estimated that Maiden Gully will grow at an average annual rate of 4.19%, resulting in an additional 6,196 people by 2031.

The Forest Park, Maiden Gully Community Infrastructure Assessment (2012), by ASR Research Pty Ltd, prepared in support of the Amendment, found that with the expected population growth in Maiden Gully, there will be an increased demand for a multipurpose community centre as the existing public hall will not have the capacity to service the needs of the Maiden Gully community at full development. The assessment identified the Forest Park Estate as a possible location for a multi purpose community centre, amongst other locations in Maiden Gully, and this is included in the draft Section 173 Agreement. Where to locate such a facility, so that it supports both the local population and other parts of Maiden Gully, will require careful consideration during the amendment process.

A hierarchy of open space is proposed to be provided on the site including local parks, a district play space, managed areas on the periphery of the site and forested lots to the west of the developable area.

A Traffic Impact Assessment (August 2012) was undertaken for the proposal by O’Brien Traffic which states that the development when completed will generate up to 13,300 vehicle trips per day to and from the external road network. The Assessment states that the existing street network will be able to cater for the additional traffic, although it is expected that the intersection of Edwards Road and the Calder Highway would need to be upgraded within the next 7-8 years, even without the proposed estate going ahead.

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Access to the site is proposed via Edwards Road and Rathbones Lane. A 50 metre extension is required to Rathbones Lane. Three new intersections are proposed off Edwards Road while one intersection is proposed off Rathbones Lane.

The proposed Master Plan makes provision for cycling and pedestrian networks to ensure convenient access to existing and proposed community and education facilities and public open space. The existing bus route servicing Maiden Gully could be extended to the site and the majority of lots within the development would be within 400 metres walking distance of a bus route. The Section 173 Agreement contributions include the reconstruction of Rathbones Lane for a bus route.

VicRoads and Public Transport Victoria are supportive of the proposal and to date have not identified any issues with the proposed rezoning.

Economic The City of Greater Bendigo’s Stage 1- Audit Report Strategy (January 2012) of the Residential Development Strategy Review states that there is a 15 year supply of residential land across the municipality (comprising of 10 years of existing zoned residential land stocks and 5 years supply of future residential rezoning). This includes recent amendments to the Planning Scheme for New Development Areas in Jackass Flat (2011), Huntly (2009) and Strathfieldsaye (2012), but not the longer term expansion of Marong and Maiden Gully. The Audit report recommends that “the City of Greater Bendigo needs to look beyond a 15 year supply of residential land and plan for longer term sustainable growth.”

The Audit Report notes that less than 10% of the potential yield of New Development Areas has been realised to date. It is expected that development occurring in these areas will increase significantly now that planning for these areas has been substantially completed and they are coming on line. Stage 2 of the Residential Development Strategy Review will identify areas for future growth.

The 2004 Residential Development Strategy set a target of 4,910 lots to be provided within the Maiden Gully North East new development area to meet demand. Structure planning for this area is presently underway. The Forest Park, Maiden Gully Demand and Supply Analysis (August 2012) report by Sweett (Australia) Pty Ltd estimates that the dwelling yield for the Maiden Gully North East area will be 2,460 dwellings due to vegetation constraints. The final supply will not be confirmed until completion of the structure plan, but the structure planning process so far estimates that possibly 4000 lots could still be provided.

However the Maiden Gully North East area contains approximately 200 land owners so delivery of this supply could take many years.

The Servicing and Utilities Infrastructure Report (August 2011) prepared by Terraco Pty Ltd states that the site can be serviced with electricity, gas, telecommunications, drainage, water supply and sewerage. The report notes that a pump station for sewer will be required at the northern boundary of the property. As properties outside the UGB are generally excluded from the forward planning of infrastructure authorities for provision of services as residential sites, the site has not been considered in the capacity planning of new sewer and water main extensions by Coliban Water. The developer may be required to contribute to the cost of augmenting the existing infrastructure. Internal roads will be provided in accordance with Council’s Infrastructure Design Guidelines.

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A Land Capability and Rural Impact Report (January 2012) prepared by Phillips Agribusiness for the proposal states that the land is of moderate to low agricultural quality suited to low intensity grazing or retention under open forest. The land’s agricultural productivity is marginal, even with best practice management of the land.

Developer contributions are proposed towards the design, development and construction of a multi-purpose community centre, linear open space, district play space, an interpretation trail, and walking and cycling connections and the reconstruction of Rathbones Lane for a proposed bus route. The contributions would be set out in a Section 173 Agreement entered into by the land owner and the City of Greater Bendigo.

A Mixed Use Zone is proposed to be included as part of the development in a future Planning Scheme Amendment once the development plan and subdivision have been approved. This area will comprise 1-1.2 hectares of land and is proposed to include a community centre, home office type uses, a café and associated car parking. A proposed floor space has not been nominated, although the proposal identifies the centre as a village centre or local centre. It is not intended that the centre would compete with the Maiden Gully township, but would complement the facilities in the area.

The City of Greater Bendigo’s Commercial Land Strategy (2004) identifies retail and commercial floor space requirements for the municipality over the period 2004-2021. The Strategy contains a hierarchy of activity centres and states that local centres and convenience facilities vary in size and are distributed throughout Greater Bendigo. Local centres are generally located on arterial roads and/or in significant residential communities, but the location does not have to be optimal because these centres have smaller catchments. The Commercial Land Strategy states that Greater Bendigo will need a net additional requirement of 6,000 square metres of floor space for all local centres.

An economic impact assessment has not been submitted as part of the proposal. Further consideration will be given to the likely floor space requirements for this centre, and the impact it may have on the existing Maiden Gully town centre and a potential activity centre in the Maiden Gully North East area prior to a future amendment for the Mixed Use Zone.

Environmental Forest Park Land Capability Study (January 2012) was prepared for the site by URS Australia Pty Ltd which found that no soil conditions, geology, groundwater, salinity, slope, erosion or geotechnical issue would inhibit the proposal.

A Vegetation Protection Overlay (VPO) 2- Significant Vegetation and Environmental Significance Overlay (ESO) 1 – Watercourse Protection apply to parts of the site. The proponent provided an Ecological Assessment with Net Gain (July 2012) prepared by flora and fauna consultants Garry and Brenda Cheers, to support the rezoning. The Ecological Assessment concluded that the area to be developed contains two Ecological Vegetation Classes, being Box Ironbark Forest and Heathy Dry Forest, of predominately low and medium conservation significance vegetation, with two patches of high conservation significance. The areas of high significance are proposed to be retained within a central open space corridor.

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The Amendment proposes that the site’s native vegetation be managed through a Native Vegetation Precinct Plan (NVPP). Once the NVPP is incorporated into the Planning Scheme, a planning permit will be required to remove, destroy or lop native vegetation on the site unless the native vegetation removal is in accordance with the NVPP. Native trees will be retained where possible within open space and road reserves. The site has limited biodiversity value as it has been grazed for many years which has resulted in the vegetation on the site being degraded. There is no way to effectively manage the vegetation for biodiversity if the land is developed for residential purposes.

The proposal seeks approval for the removal of all native vegetation on the developable area, with the exception of scattered trees of high conservation significance at two locations on the site. While not all the vegetation on the site is intended to be removed, with some trees proposed to be retained in open space areas, its biodiversity value will be lost as a result of the development; therefore the vegetation must be offset.

The required offset for the patches of vegetation to be removed is: • 0.47 habitat hectares of High conservation significance Box Ironbark Forest • 9.06 habitat hectares of Medium conservation significance Box Ironbark Forest • 0.27 habitat hectares of Low conservation significance Box Ironbark Forest • 4.1 habitat hectares of Medium conservation significance Heathy Dry Forest • 84 large trees of Medium conservation significance Box Ironbark Forest • 16 large trees of Medium conservation significance Heathy Dry Forest The required offset for the scattered trees to be removed is 3,980 plants. The offset will be provided off site. The land proposed to be rezoned to Public Park and Recreation Zone and transferred to Council is not included as part of the off-sets.

Figure 3. Aerial photograph showing proposed zoning.

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A Bushfire Management Overlay (BMO) applies to part of the site, adjacent to the Northern and Western boundaries. This Overlay highlights areas of high risk of bushfire and implements standards that must be met for residential development. The Amendment documentation has addressed the Planning Scheme in regard to the BMO and associated policies for bushfire risk and a Bushfire Assessment and Bushfire Management Statement (August 2012) has been prepared by Practical Ecology.

The Country Fire Authority (CFA) provided general comment based on its knowledge of the site, and advised that “while the land is within a high bushfire risk location from a broader Bendigo City perspective, in this instance CFA is satisfied that compliance with the Bushfire Protection Planning Requirements (Clause 52.47) and the Development at the Urban Forest Interface (Clause 22.01) local policy will reduce bushfire risk to an acceptable level.�

CFA further advised that the Amendment will be required to include an adjustment to the Bushfire Management Overlay so that all future development within 150 metres of the bushfire hazard to the north, south and west contain the necessary bushfire protection measures. The development requires ongoing maintenance of significant buffer areas to be undertaken by the City of Greater Bendigo in the long term.

The North Central Catchment Management Authority advised that it is possible that a portion of the property may be subject to inundation from a tributary of Fletchers Creek.

No declared flood levels have been designated, however the development plan could make provision for this issue.

An Historic and Indigenous Archaeological Assessment (January 2012) was undertaken for the site by Heritage Insight Pty Ltd which found that the site contains two places on the Victorian Heritage Inventory. Stone building ruins (Site H7724-0598) located in the north west of the site, within a forested parcel of land, are proposed to be retained within a Public Park and Recreation Zone to be transferred to the City of Greater Bendigo. A surface scatter of building materials (Site H7724-0596) located in the south east of the site are proposed to be removed with the consent of Heritage Victoria. No Aboriginal cultural heritage sites were recorded in the survey area. The report noted that a Cultural Heritage Management Plan is not required to be prepared for the site under the Aboriginal Heritage Act 2006, however a voluntary plan may be prepared by the developer.

Ministerial Directions The Amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act, and Ministerial Direction 11 on the Strategic Assessment of Amendments.

Ministerial Direction 15 will come into effect on 25 October 2012. This Direction requires that times for completing steps in the Planning Scheme Amendment process be set and acted upon.

Strategic Justification The following policies are relevant to the proposal:

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STATE PLANNING POLICY FRAMEWORK (SPPF) Clause 11.02-1 Supply of urban land The objective is to ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

The Amendment meets this objective as it will add to the available land for residential use and public open space for recreation. The site is located close to transport corridors and can be serviced by utilities.

Clause 11.02-2 Planning for growth areas The objective is to locate urban growth close to transport corridors and services and provide efficient and effective infrastructure to create benefits for sustainability while protecting primary production, major sources of raw materials and valued environmental areas.

The proposal is located adjacent to an existing residential area and is within two kilometres of the Maiden Gully town centre. While the site adjoins farming land and forested areas, no adverse environmental impacts or impacts on primary production are expected to result. Forest Park will be a complete neighbourhood that will provide for a coordinated phased development.

Clause 11.02-3 Structure Planning The objective is to facilitate the orderly development of urban areas.

The subject site is contiguous with an existing residential area and the Urban Growth Boundary. While the site is outside a planned New Development Area (Maiden Gully North East Structure Plan area), Council has the ability to consider a site specific rezoning and the extension of the Urban Growth Boundary.

Clause 11.02-4 Sequencing of development The objective is to manage the sequence of development in growth areas so that services are available from early in the life of new communities.

The subject land has not been identified in the City’s strategic plans as an area for future residential development.

Clause 11.03-1 Open space planning The objective is to assist creation of a diverse and integrated network of public open space commensurate with the needs of the community.

The proposed Master Plan for the development provides for a network of public open space including local parks, district play space and active and passive recreation opportunities in forested reserves.

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Clause 11.05-1 Regional settlement networks & Clause 11.05-4 Regional planning strategies and principles The objective of Clause 11.05-1 is to promote the sustainable growth and development of regional Victoria through a network of settlements identified in the Regional Victoria Settlement Framework Plan. The objective of Clause 11.05-4 is to develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable.

Bendigo has been identified as a major regional city to which urban growth should be directed under the State Government’s Ready for Tomorrow – a Blueprint for Regional and Rural Victoria (2010) strategy.

Clause 12.01-1 Protection of habitat The objective is to assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals.

The proposed development will retain a riparian corridor and provide local parks and edge conditions which will provide biolinks for native plants and animals.

Clause 12.01-2 Native vegetation management The objective is to achieve a net gain in the extent and quality of native vegetation.

The proposal has followed the Three Step Approach to avoid, minimise and offset native vegetation. An offset will be obtained for the majority of the vegetation within the developable area, with two sites of High conservation significance to be retained on the site. Large trees will be retained where possible within open spaces and road reserves.

Clause 13.02-1 Floodplain management The objective is to assist the protection of life, property and community infrastructure from flood hazard, the natural flood carrying capacity of rivers, streams and floodways, the flood storage function of floodplains and waterways and floodplain areas of environmental significance or of importance to river health.

The site has two catchments, with the larger of the two feeding into the central northsouth drainage corridor and the smaller catchment feeding into a wetland environment in the forested allotment to the north west. It is proposed to include Water Sensitive Urban Design techniques in the design of the development to manage stormwater.

Clause 13.05-1 Bushfire planning strategies and principles The objective is to assist to strengthen community resilience to bushfire.

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The site is within a bushfire prone area. There is a significant bushfire risk, however CFA has advised that the risk can be reduced to an acceptable level. The existing Bushfire Management Overlay affecting the site will need to be adjusted in accordance with CFA’s recommendations. There will be ongoing management requirements of public spaces and privately owned lots within the development to implement the requirements of the Bushfire Management Statement for the site.

Clause 14.01-1 Protection of agricultural land The objective is to protect productive farmland which is of strategic significance in the local or regional context.

The proposal has demonstrated that the agricultural productivity of the subject land is marginal.

Clause 14.02-1 Catchment planning and management & Clause 14.02-2 Water quality The objective of Clause 14.02-1 is to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment. The objective of Clause 14.02-2 is to protect water quality.

The proposed Master Plan has included provision for water sensitive urban design.

Clause 15.03-1 Heritage conservation The objective is to ensure the conservation of places of heritage significance.

A Historic and Indigenous Archaeological Assessment of the site was carried out. No sites of Aboriginal heritage were discovered. The land contains two sites listed on the Victorian Heritage Inventory. One of the sites comprises stone building ruins from the mid-nineteenth century and these will be retained within a proposed public park. The other site, a surface scatter of building materials, is proposed to be removed with the consent of Heritage Victoria.

Clause 16.01-2 Location of residential development The objective is to locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.

The Amendment will facilitate residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and provides for public transport, walking and cycling.

Clause 16.01-4 Housing diversity The objective is to provide for a range of housing types to meet increasingly diverse needs.

The proposed Master Plan makes provision for a range of housing types including medium density housing.

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Clause 16.01-5 Housing affordability The objective is to deliver more affordable housing closer to jobs, transport and services.

The proposal will provide for housing within close proximity to an existing town centre and a transport corridor. The affordability of housing within the development may be impacted upon by increased construction costs associated with managing the bushfire risk.

Clause 17.01 Business The objective is to encourage development which meets the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

The future Mixed Use Zone will be structured as a local business and innovation centre.

Clause 18.01-1 Land use and transport planning The objective is to create a safe and sustainable transport system by integrating landuse and transport.

The proposal provides for public and private transport including a network of collector roads, local streets and access places, a bus route and walking and cycling paths. It is noted that the intersection of Edwards Road and Calder Highway will require upgrading in 7-8 years time.

Clause 18.02-1 Sustainable personal transport The objective is to promote the use of sustainable personal transport.

The proposal encourages cycling and walking and makes provision for a bus route, as alternatives to private motor vehicles.

Clause 18.02-2 Cycling The objective is to integrate planning for cycling with land use and development planning and encourage as alternative modes of travel.

The Master Plan makes provision for a cycling network, including bush trails, which links to existing development.

Clause 19.03-2 Water supply, sewerage and drainage The objective is to plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment.

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Water supply, sewerage, drainage, gas, electricity and telecommunications will be provided to the site.

LOCAL PLANNING POLICY FRAMEWORK (LPPF) AND MUNICIPAL STRATEGIC STATEMENT (MSS) Clause 21.05 Settlement The proposed Amendment seeks to extend the UGB to include the subject land. Clause 21.05-3 of the MSS contains strategies relating to the UGB. The strategies include discouraging rezoning proposals that are outside the UGB unless proposals are generally consistent with the residential development objectives of the Residential Development Strategy (2004); contiguous with the UGB and exhibit sound ecologically sustainable development principles; and are generally consistent with the Development at the Urban-Forest Interface Policy at clause 22.01.

The proposal meets these requirements and is therefore considered a logical inclusion within the UGB. The proposed Master Plan has considered the Development at the Urban Forest Interface Policy, with the inclusion of buffer zones, building setbacks and perimeter roads from the forest edge.

Clause 21.06 (Housing) The MSS identifies a need to provide for an additional 18,900 dwellings by 2030 to accommodate Greater Bendigo’s population growth. The proposal will provide for 1,2001,400 new dwellings in Maiden Gully.

Clause 21.07 Economic Development An activity hub and community centre are proposed within a future Mixed Use Zone which will provide small business opportunities. The activity hub would serve as a local centre. It is not likely to impact on the existing town centre in Maiden Gully or any future activity centre as part of the Maiden Gully North East Structure Plan, however as noted previously a maximum floor space for the centre has not been nominated at this stage and requires further consideration. The proposed Amendment will not result in the loss of high quality agricultural land.

Clause 21.08 Environment The Amendment seeks to retain native vegetation within the forested lots, which are proposed to be rezoned to Public Park and Recreation Zone and transferred to the ownership of City of Greater Bendigo. The Master Plan makes provision for a range of open spaces and scattered trees are proposed to be retained wherever possible within open space and road reserves. Appropriate offsets for vegetation removal will be required.

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Clause 21.09 Infrastructure The Master Plan makes provision for public and private transport including a public bus service, private vehicles, walking, cycling. An upgrade to the intersection of Edwards Road and the Calder Highway will be required in the future. Community infrastructure has also been assessed, and the need for a community centre has been identified, although the question of whether a centre should be located within this development needs to be explored.

Clause 22.01 Development at the Urban-Forest Interface Policy Forest Park will protect and maintain the environmental values of the adjoining Grey Box and Box Ironbark forest areas through a perimeter road, a minimum 37 metre setback to building envelopes and maintained buffers to forested edges.

Clause 22.06 Heritage Policy As stated previously, the Amendment has considered heritage sites as part of the Master Plan design.

Consultation/Communication The proponent undertook consultation with the referral authorities and State Government departments prior to submitting the Amendment, including hosting a Planning Design Forum held over three days between 6-8 February 2012.

CFA advised that it supports the proposal, but recommended that the Amendment be modified to adjust the Bushfire Management Overlay to extend 150 metres over the site from the Northern, Western and Southern boundaries.

Public Transport Victoria and VicRoads had no concerns with the proposed road network and estate development. Powercor did not foresee any issues with the proposal.

NCCMA does not object in principle to the development. It noted that flood levels have not been designated or declared for the site, however anecdotal evidence indicates that in the event of a 100 year ARI flood, it is possible that a portion of the property may be subject to inundation from a tributary of Fletchers Creek. NCCMA advised that these potential effects can be managed through appropriate setbacks and engineering techniques once the potential flood extent is identified.

Coliban Water advised that the proposed development falls outside the areas that it has considered for development over the next 25 years. Coliban Water has not assessed the impact of this proposal on nearby water or sewer systems and is currently not in a position to indicate what additional infrastructure will be required to service the proposed development. It stated that given the proposal is outside Coliban Water’s future servicing plans, the developer may be required to contribute toward the capital cost associated with augmenting the current system to service this area.

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Comments on the proposal were sought from internal departments including Engineering and Public Space, Parks and Environment, Community Well Being and Strategy. It is likely that some changes to the Master Plan and Section 173 Agreement will be required prior to the adoption of the Amendment.

The Amendment documents will be publicly exhibited for a minimum of 6 weeks, to take into account the Christmas/New Year holiday period, with the minimum exhibition period being one month under the Planning and Environment Act 1987. The City must give notice of Amendments to all owners and occupiers who may be materially affected by an Amendment, together with prescribed Ministers and public authorities. The Amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper.

Conclusion Planning Scheme Amendment C190 proposes to rezone land to facilitate the development of a new residential estate in Maiden Gully. The proposal is supported by the provisions of the Greater Bendigo Planning Scheme.

Some changes to the Master Plan and the provisions within the proposed Section 173 Agreement may be made prior to exhibition and/or adoption. Further consultation with internal and external departments will be required to ensure the Master Plan and Agreement are satisfactory. In particular, the location of a multi purpose community centre in Maiden Gully must be carefully considered, as it needs to be accessible to the whole community.

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

Options Council has the option of: • Supporting the Amendment proposal and making a request to the Minister for Planning to authorise preparation and exhibition of the Amendment. • Refusing the request to prepare an Amendment.

Under the Planning and Environment Act 1987 there is no right of review of a Council's decision not to support preparation of an amendment.

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

The proponent has agreed to pay for the statutory fees and extra costs incurred by the City as per the Policy for private Planning Scheme Amendments adopted by Council.

There is likely to be future resource implications in assessing planning permit applications.

A community centre within the estate will have implications on service provision by City of Greater Bendigo.

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Funding for an upgrade of the intersection of Edwards Road and the Calder Highway may also be required.

There will be significant extra maintenance resources required from the Parks Unit, particularly for maintaining buffers along the forest boundary for fire management purposes. Council could consider the option of a special levy or charge for this cost at the adoption stage of the Amendment.

Attachments • • • • •

Draft Explanatory Report Draft Zone Map Draft Development Plan Overlay Map & Schedule Draft Bushfire Management Overlay Map Draft Section 173 Agreement

RECOMMENDATION That the Greater Bendigo City Council resolve to: 1.

Request the Minister for Planning to authorise Council to prepare Amendment C190 to the Greater Bendigo Planning Scheme.

2.

When Authorised by the Minister, exhibit Amendment C190 to the Greater Bendigo Planning Scheme giving notification as required for a period of 6 weeks.

3.

Prior to exhibition of Amendment C190, Council request Planning Panels Victoria set a Directions Hearing and Panel Hearing for the consideration of any submissions received on Amendment C190.

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Proposed Master Plan

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3.2 ADOPTION OF AMENDMENT C180 - TO REZONE LAND AT 35A HIGH STREET, 39 HIGH STREET AND 4 DANSON STREET, KANGAROO FLAT TO BUSINESS 4 ZONE (APCO SITE) Document Information Author

Shannon Rosewarne, Senior Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose Planning Scheme Amendment C180 proposes to rezone three adjoining parcels of land at 35A High Street, 39 High Street and 4 Danson Street, Kangaroo Flat to Business 4 Zone. 35A High Street is currently zoned Business 1 and is occupied by a service station, while 39 High Street and 4 Danson Street are both developed with dwellings and are presently zoned Residential 1.

The proposed Amendment was publicly exhibited for one month. Three submissions were received from referral agencies, however there was no objection to the Amendment or changes requested from these authorities.

This report recommends Council adopt the Amendment as exhibited, to complete Council's requirements in the Planning Scheme Amendment process. The adopted Amendment can then be forwarded to the Secretary of the Department of Planning and Community Development for Certification.

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.

Background Information The key steps in the amendment process are summarised below:

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Report Ministerial Direction No. 11 - Strategic Assessment of Amendments An Explanatory Report is required to be submitted to the Minister for Planning when making a request to the Minister to Authorise an amendment to a Planning Scheme. The Explanatory Report details the purpose and effect of the Amendment and provides the strategic justification for the Amendment as required by Ministerial Direction No. 11. Key issues identified in the Explanatory Report are discussed below and a copy of the Explanatory Report is included in the appendix to the Council Agenda.

Land Affected by the Amendment The proposed Amendment affects the following adjoining properties: • 35A High Street, Kangaroo Flat PAGE 33

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39 High Street, Kangaroo Flat 4 Danson Avenue, Kangaroo Flat

The total area of land affected by this Amendment is approximately 3,806 square metres.

The property at 35A High Street is currently used as a service station and the other two properties each contain a single storey dwelling.

What the Amendment Does The Amendment proposes to rezone 35A High Street, Kangaroo Flat from Business 1 Zone to Business 4 Zone, 39 High Street, Kangaroo Flat from Residential 1 Zone to Business 4 Zone and 4 Danson Avenue, Kangaroo Flat from Residential 1 Zone to Business 4 Zone.

Why the Amendment is Required The Amendment is required to facilitate the expansion and redevelopment of the existing APCO service station which is currently located at 35A High Street, Kangaroo Flat. The expansion and redevelopment will require the consolidation of the two adjoining lots being 39 High Street and 4 Danson Avenue which are currently zoned and used for residential purposes.

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Social, Economic and Environmental Effects The proposed Amendment has a number of positive social and economic effects and no adverse environmental effects are foreseen. The expansion of the existing service station would provide for the diversification of ancillary services that will benefit the local community. There is currently no buffer between the two residential sites and the service station and the proposed Amendment removes any potential land use conflicts between the two existing uses.

Strategic Justification The following planning policies are relevant to this proposed Amendment: Clause Settlement Clause 15.01-1 Urban Design The objective of this policy is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

Strategies to achieve this objective include promoting good urban design to make the environment more liveable and attractive and ensuring new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

Clause 17.01-1 Business The objective of this clause is to encourage developments which meet the communities needs for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

One of the strategies to achieve this objective is to provide new convenience shopping facilities to provide for the needs of the local population in new residential areas and within, or immediately adjacent to, existing commercial centres. The proposed Amendment will allow for the expansion of the existing service station and associated convenience facilities.

Clause 21.07 Economic Development One of the objectives of the MSS is to ensure that the retail and commercial sector in Bendigo remains competitive and continues to provide opportunities for business development.

The Amendment supports this objective as it allows the existing business on the site to expand.

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Clause 22.08 Highway Entrances and Boulevard Policy One of the objectives of this policy is to encourage an appropriate scale, intensity, design, appearance and presentation of land uses and developments along highways and main roads.

The Amendment is consistent with the policy and will allow for an improved presentation of the redeveloped service station site to High Street.

Consultation/Communication Exhibition Procedures Section 19 of the Planning and Environment Act 1987, requires that City of Greater Bendigo notify all interested parties, owners and occupiers of land affected by an Amendment.

The following notification occurred: • Thirteen owners and occupiers of land affected by the Amendment were notified.

• Notification of prescribed Ministers under Section 19(1)(c) of the Act. • Notification of all authorities and departments it materially affected under Section 19(1)(a) of the Act (which in this case was all usual departments and service authorities that are relevant to land use planning, as well as EPA, VicRoads and CFA) • Publication of the notice of the Amendment in the Bendigo Advertiser on 1 August 2012.

• Publication of the notice of the Amendment in the Government Gazette on 2 August 2012.

Exhibition of the Amendment was conducted for a one month period.

Submissions Three submissions were received during the exhibition period from EPA, NCCMA and CFA. CFA and NCCMA did not offer any objection or further comment on the proposed Amendment.

The EPA noted that there may be contamination on site due to the use of the part of the subject land for a service station. If a more sensitive use is proposed then more work may need to be conducted in line with Ministerial Direction No. 1. Ministerial Direction 1 requires an audit process be carried out prior to any sensitive use being permitted.

Under the Business 4 Zone, accommodation is a prohibited use, and other possible sensitive uses such as childcare centre or kindergarten require a planning permit. The current zoning of the land is less restrictive and allows accommodation, childcare and education centre.

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If an application for a sensitive use was made, a Certificate or Statement of Environmental Audit would be required prior to the commencement of the use as a condition of permit, as the current use of part of the site as a service station has high potential for contamination.

There is no proposal to change the current use of the land as a service station at 35A High Street. The proposed Amendment is sought to enable the expansion of the service station and associated conveniences. As such, it is not considered necessary to apply an Environmental Audit Overlay over the land as part of the Amendment. The Explanatory Report has been amended to clarify this issue.

Conclusion As the process has not resulted in any submissions which seek a change or object to the proposal, it is recommended that Council adopt the Amendment in its current form and approve the Amendment.

Options Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning authority may adopt an Amendment or part of an Amendment with or without changes. If a planning authority adopts part of an Amendment that part becomes a separate Amendment.

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

Resource Implications The Amendment has been initiated by a private proponent who will be responsible for paying statutory fees and other costs incurred by the City as per the Policy for private Planning Scheme Amendments. There will be minimal effect on the future resources of the responsible authority, as the change in permit activity will be negligible.

Attachments •

Explanatory Report

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RECOMMENDATION That the Greater Bendigo City Council resolve: 1. To adopt Greater Bendigo Planning Scheme Amendment C180 without changes.

2.

(a) By instrument of delegation sealed by the Council pursuant to section 98(1) of the Local Government Act 1989 and section 188 of the Planning and Environment Act 1987 delegate the power to the Director, Planning and Development, or the person from time to time acting in that position to: • Negotiate and liaise with the Secretary of the Department of Planning and Community Development for the purpose of having the Amendment certified pursuant to section 35A of the Planning and Environment Act 1987; • Approve the Amendment, if not substantially amended following adoption by Council and if appropriate in the circumstances, pursuant to section 35B of the Planning and Environment Act 1987; • Advise the Minister for Planning of any decision made to approve the Amendment in satisfaction of section 35B of the Planning and Environment Act 1987; and (b)

That the instrument of delegation referred to immediately above will cease and be of no further effect upon completion of all necessary steps and the execution of all necessary documents in order that the Amendment is certified, approved and notified.

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3.3 CONSTRUCTION OF 29 ONE BEDROOM DWELLINGS AND REMOVAL OF NATIVE VEGETATION - 73 HOWARD STREET, ASCOT Document Information Author

Chris Duckett, Co-ordinator Land Use

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Planning permission is sought for the construction of 29 dwellings and removal of native vegetation at 73 Howard Street, Ascot.

The key issues are as follows: • • • • •

The principle of increased density of residential development in this location.

Whether the development is a good urban design outcome which will preserve neighbourhood character.

Whether the proposal will have an adverse impact on potential flood levels in the area .

Whether there will be an adverse impact on traffic safety and car parking availability in the area.

Impact on residential amenity.

The application is before Council as 22 objections to the proposal were received from local residents. Two petitions were also received. Two consultation meetings were held and the details of these are meetings are discussed below. No objections have been withdrawn.

The site is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and shopping facilities and public transport. The proposal will have the positive effect of providing additional, much needed housing in an urban area, whilst preserving neighbourhood character.

This report considers the permit application and recommends that the Greater Bendigo City Council issues a Notice of Decision to Grant a Planning Permit.

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.

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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:

DR/970/2011 7 December 2011 Ethan Properties Pty Ltd 73 Howard Street, ASCOT Residential 1 Zone Environmental Significance Overlay 1 Land Subject to Inundation Overlay

Subject Site and Surrounds The site comprises an irregular shaped block of land which fronts Howard Street and has an area of 4,572 square metres. The site and surrounding land is relatively flat. There is currently a single dwelling on the block and contains a mixture of indigenous and nonindigenous vegetation.

The site is adjoined by 12 dwellings to the north western and south eastern side boundaries which are all on large blocks in the range of 1,619 square metres to 4,886 square metres. To the rear is a significantly larger parcel of land with an area of 2.126 hectares. This land is currently vacant. All surrounding land is zoned Residential.

The site is located approximately 800m east of the Epsom shopping centre on Howard Street. The site is conveniently located for bus services with two bus stops on the number 10 route within 150m.

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Figure 1: Location map showing subject site. Objectors' properties marked with a star. 10 objectors are outside the scope of the map.

Proposal The proposal is to construct 29 one bedroom, single storey dwellings on the lot and remove native vegetation. It is stated on the application form that the development is for rental accommodation for residents over 55 years but a residential village has not been applied for.

The site would be laid out with 2 dwellings fronting Howard Street, 4 dwellings at the rear of the block and 23 dwellings sited on either side of a central access road. A large area at the front of the block would be left open with vegetation retained and six visitor parking spaces provided.

The dwellings have been designed with two different floor plans, both having a double bedroom, a living/kitchen area and a bathroom. Each dwelling would have a single carport and 25m2 of private open space.

The vegetation to be removed is a large Red Gum tree which has medium conservation significance and is proposed to be offset by the planting of 70 plants. All other vegetation on the site is either planted or non-native and therefore not required to be offset.

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

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State Planning Policy Framework • • • • • •

11.05 Regional planning 12.01 Biodiversity 13.02 Floodplains 15.01 Urban environment 15.02 Sustainable environment 16.01 Medium density housing

Municipal Strategic Statement • •

21.05 Settlement 21.06 Housing

Other Provisions • • • • •

32.01 Residential 1 Zone 44.04 Land Subject to Inundation Overlay 52.17 Native vegetation 55 Two or more dwellings on a lot and residential buildings 65 Decision Guidelines

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

Comment

Department of Sustainability (DSE)

No objection subject to conditions

North Central Catchment Initially NCCMA objected to the application on Management Authority (NCCMA) the grounds of the impact that potential flooding would have on life and property. The application subsequently undertook a further flood study and this was referred to NCCMA who confirmed that they had no objection to the granting of a permit subject to conditions.

Goulburn Murray Water

No response received

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

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

Following an amendment to the application including the submission of a flood report, the application was re-advertised in the same manner.

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As a result of advertising 22 objections were received along with two petitions. The first petition had 241 signatures and asked for a request to be made to the Minister for Planning that he supports the City in applying an overlay to restrict growth in areas of low density. A second petition with 36 signatures against the proposal was also received.

Two consultation meetings were held on the application. The first meeting was held on 27th August with 7 residents, the applicant and two councillors present. At this meeting the planning process was explained to the residents and all concerns were discussed but no resolution was possible.

A second consultation meeting was held on 24th September to further explore the issues.

This meeting was attended by 12 residents, the applicant, two councillors and a representative from NCCMA. This meeting resulted in the applicant reiterating an offer made at the first meeting to provide the following: • • • •

Additional drainage above and beyond what was required to mitigate the impact of their proposal; An undertaking that the development will primarily be for residents aged 50 years and over; The provision of appropriate fencing to all adjoining properties; A Site Management Plan to ensure that the ongoing management of the site is conducted in a manner to protect the amenity of adjoining properties.

This offer was made as the applicant was concerned that objections could cause delays to the project. In particular there was a potential for loss of funding available from the federal government which would enable the project to be targeted to residents over 50 years of age. The offer made was conditional on all objections being withdrawn.

The City has written to the objectors, however, no objections have been withdrawn. As the objections have not been withdrawn it is not recommended that the measures are imposed as conditions with the exception of the provision of fencing which is required in order to protect the amenity of adjoining residents.

The grounds of objection can be summarised as follows: •

Out of keeping with existing neighbourhood character of single dwellings on larger than average blocks.

•

Impact on property values.

•

Traffic impact.

•

Negative impact of rental properties.

•

Drainage and storm water runoff.

•

Flooding concerns and the impact that this would have on nearby properties.

•

The area is low density housing not high density.

•

Inadequate access for emergency services.

•

Planning notification notice was not visible from the road.

•

Noise and light pollution.

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•

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Proposed removal of tree outside property boundaries.

The objections are discussed below.

Planning Assessment Principle of increased density 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.

Clause 16.01-4 Housing diversity has the objective to provide for a range of housing types to meet increasingly diverse needs including supporting opportunities for a wide range of income groups to choose housing in well serviced locations.

The land is zoned Residential 1 and lies within the Urban Growth Boundary and in principle, is appropriate for an intensification of residential development. The proposal meets the overarching objectives of housing policies within the State Planning Policy Framework (SPPF) and the Residential Development Strategy as it would provide for urban consolidation in an area which has good access to local services and facilities.

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.

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 Residential Development Strategy does not have any specific guidance on the Ascot/Epsom area but the strategy does identify a series of 'community focused development zones' which will provide for a wide variety of housing types at higher densities. One such development zone is centred on the Epsom shopping centre and is mapped as extending eastwards on Howard Street to within 400m of the site.

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In Chapter 1.4 the Strategy addresses the challenges facing future residential development in Bendigo and highlights the difficulties of achieving higher densities within existing urban areas whilst maintaining and enhancing Bendigo's special neighbourhood character. The Strategy highlights that Bendigo's changing demographic structure, in particular the ageing population and decreasing household size will result in increasing demand for higher density development and this is likely to be in the form of smaller dwellings in areas with high accessibility to public transport and retail and community facilities.

Local residents have made reference to their desire to maintain the low density character of the area. Whilst many of the blocks in the area are large and have only a single dwelling located on them, the fact remains that the land is zoned for residential development and has no density controls which dictate lot sizes. Although many residents may have no intention to subdivide their land in the future, given the zoning it seems likely that some will and this is likely to lead to an increase in density levels in the area.

Forward planning for the area which includes the Residential Strategy therefore suggests that this location is appropriate for an increase in density. However any increase in the density of residential development is subject to 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 and drainage issues are addressed. This is discussed further below.

Neighbourhood Character This is a proposal which requires consideration of the familiar challenge of balancing State and Local policies which encourage consolidation of new housing within established urban areas whilst at the same time requiring development to be respectful of existing neighbourhood characteristics.

Unlike many of Bendigo's suburbs, Ascot does not have a residential character policy to guide the form of development in the area. However neighbourhood character is referenced as an important consideration elsewhere in the Planning Scheme including Clauses 15.01 Urban Environment, 16.01 Residential Development, 21.06 Housing, 32.01 Residential 1 Zone and 55 Two dwellings on a lot.

This proposal will introduce a type of development which is certainly different from the existing residential development in the area. However it is clear that the design intent does not aspire to produce 'more of the same' and indeed preserving neighbourhood character does not require such an approach. The correct test is whether or not the development is respectful of neighbourhood character. This has been established as a principle in many VCAT cases.

An assessment therefore needs to be made as to whether the development is so different and so contrasting that it would be harmful to existing neighbourhood character.

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As with most developments the proposal's main impact on neighbourhood character will be as viewed from the street. The street presentation will be a pair of semi-detached, single storey dwellings located to one side of the block with the access and landscaped area taking up the remainder of the frontage. The frontage dwellings would have a setback of 9m. The visitor parking area is setback between 14m and 29m from the road frontage.

Aside from the development at the front of the block, the majority of the dwellings will be sited on either side of the block with an access drive centred on the block.

The fact that a relatively high number of dwellings are proposed, inevitably means that all of the development will be noticeable in the area. However there are some factors which lend weight to the argument that the impact of the development would not impact on neighbourhood character to such an extent that the proposal should be refused.

Firstly, although it is proposed to construct a large number of dwellings on a single block, all dwellings will be small, one bedroom units with one car space and will house a maximum of two people. It could reasonably be argued that 29 one bedroom units would have a similar impact to 10 three bedroom units in terms of the amount of floorspace and number of people living on the block.

Secondly, the elongated nature of the block would mean that many of the units would appear recessive when viewed from the street. For instance the units located on the south western boundary are located between 53m and 157m from the street frontage.

Thirdly, the large open area at the front of the block affords the opportunity for some extensive landscaping which could provide some dense vegetation including canopy trees.

In addition to views from the street, neighbourhood character is also a consideration when the development is viewed from adjoining lots. In this instance the development will be viewed from 12 properties. However although clearly visible, the dwellings would have an eaves height of 2.5m with a maximum height of 4.1m at the roof pitch. With a typical fence height of 1.8m, all that would be visible from adjoining properties would be 600mm of the wall height and the entire roof.

Given the low scale height of the development and the factors discussed above it is concluded that development would, on balance, not impact adversely on neighbourhood character.

Flooding and Drainage The site is affected by a Land Subject to Inundation Overlay, Clause 44.01 of the Planning Scheme. This clause has a number of purposes, the most relevant to this application is: "To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity."

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In addition, the site has a drainage overland flow path that flows through the property.

The drainage flows from a westerly direction from the Golf Course via a culvert under Taylor Street through 114 Taylor Street onto the site. The water is conveyed off the site via the City's pipework to Back Creek.

The applicant's engineers undertook flood modelling to analyse 100 year flood levels and the flow at the site and at neighbouring properties.

The modelling showed that two units on the original plan were obstructing the overland flow path. The layout was subsequently revised with the deletion of one unit and the resiting of the rest of the development.

Additionally, drainage improvements are proposed including a layback created at the kerb to Howard Street so that the overland flow path discharges onto Howard Street at the kerb invert level and not to the top of the kerb as is currently the case and the creation of a low point pit on the accessway to the site.

The City's drainage engineer asked the applicant to investigate whether modification to the discharge of existing drainage pipes would impact positively on flood levels on the site. These investigations showed that flood levels on the site were reduced by 49mm and flood levels at the corner of Strickland Street and Howard Street by 183mm.

The report concludes that the proposed development and new drainage infrastructure can manage flooding safely and has a positive benefit on the flood level at 73 Howard Street and 114 Taylor Street.

It is quite evident from local residents' submissions and from NCCMA's input that there are major local flooding and drainage issues in the area. Principal amongst residents' concerns is that should this development go ahead and there is future flooding/inundation, the buildings would disperse the water into neighbouring properties making the current flooding risk far greater.

That this area has a major drainage issue and is subject to inundation is not in dispute here. However when making a decision on this application it is important to focus on the impact that this development would have on stormwater runoff and flooding rather than wider concerns over existing infrastructure.

Ultimately the local residents do not accept that the proposed drainage solutions put forward by the applicant and accepted by the City's drainage engineer and NCCMA will negate the impact that the development have on flood risk in the area. Without empirical data to categorically prove the engineers' modelling and conclusions are incorrect it would be unreasonable to refuse this application based on increased flooding risk.

Traffic Impact The City's traffic engineer has assessed the proposal and is satisfied that access for the dwellings is safe and manageable and will not impact on road safety.

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Local residents have expressed concern over the width of the access and problems for emergency services vehicles entering the site. The minimum width of accessways required under the Planning Scheme is 3 metres. The access of this development would be a minimum width of 5 metres which would mean that even if a car was parked on the access road there would still be enough room for a fire engine to pass.

Impact on Residential Amenity As discussed above this is a low scale development in terms of height and with appropriate fencing there will be no opportunity for overlooking or overshadowing of adjoining properties.

Residents have raised noise and light pollution as a concern but it is not entirely clear what precisely what these concerns are. Single storey dwellings in a residential area will not cause an unacceptable level of pollution.

The main amenity impact of this proposal will be visual and increased activities as a result of the increased density and vehicle movements. However in an established urban area these are not unreasonable impacts to expect and they would not be so harmful as to warrant a refusal of a planning permit.

Other Issues •

Loss of property value

There is no evidence that approval of this proposal will affect the value of private property and in any case the effect of a planning decision on property values is generally not a material consideration.

•

Negative impact of rental properties

There is no evidence to suggest that having rental properties in the area will have a negative impact. In any case the Planning Scheme does not control residential tenure.

•

Planning notification notice was not visible from the road

There is a requirement that the applicant posts a notice on the site in a prominent position. They have provided a statutory declaration which states that they have done this.

•

Proposed removal of trees outside property boundaries

There is no suggestion that trees will be removed from outside property boundaries.

There may be a requirement to lop trees on adjoining boundaries which overhang the site boundary but this is a legitimate action that can be undertaken by any property owner.

In regards to the removal of the native Red Gum on site this has been assessed under the Native Vegetation Management Framework. The three-step approach of avoid, minimise and offset has been appropriately followed. All other vegetation on the site is either planted or non-native and therefore not required to be offset.

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Conclusion This is a proposal which has generated significant public interest, largely on the grounds of flooding impact and neighbourhood character concerns.

The concerns raised are valid planning grounds worthy of serious consideration.

However the following factors lead to the conclusion that the development should be supported: 1. The site is in a very good location in terms of access to services and facilities and has strategic support.

2. The applicant has demonstrated that the impact of the development on flooding and stormwater runoff can be mitigated.

3. The increase in density is acceptable and given the low scale height and size of the dwellings is respectful of neighbourhood character and would not adversely impact on residential amenity.

On the basis that the application complies with the Greater Bendigo Planning Scheme it is recommended that Council approve the development.

Options Council, acting as the responsible authority, may resolve to approve 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 construction of 29 dwellings and removal of native vegetation at 73 Howard Street, Ascot 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) Landscaping plan to accord with condition 3. (b) Compliance with NCCMA condition 18. (c) Fencing to accord with condition 4.

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

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modified (for any reason) except with the prior written consent of the responsible authority.

3.

LANDSCAPE PLAN Before the development starts, a landscape plan prepared by qualified landscape designer to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided.

The plan must show: (a) 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) Canopy trees (minimum two metres tall when planted) in the following areas: (i)The setback to the front of Units 28 and 29 (ii) The landscaped area to the north east of Unit 1 (e) Water tanks for the purpose of maintaining the landscaping All species selected must be to the satisfaction of the responsible authority.

4.

FENCING REQUIREMENTS Prior to the occupation of the dwellings new fences must be erected on south eastern, south-western and north-western boundaries to prevent overlooking of adjoining properties 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.

8.

STORMWATER DRAINAGE Drainage plans, including computations and longitudinal sections, must be provided to and approved by the responsible authority for the lot in the development to the responsible authority’s nominated point of discharge. Once

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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.

9.

STORMWATER DETENTION Prior to the connection of any dwelling 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: Q5 = 20 l/s

10. SECTION 173

Prior to the connection of any dwelling to the responsible authority’s drainage system the applicant/owner must enter into an Agreement under Section 173 of the Planning and Environment Act 1987.

Such Agreement must covenant that; • The owner will maintain each on-site detention system and not modify without prior written approval from the responsible authority.

• The owner shall allow duly authorised officers of the responsible authority to inspect the system at mutually agreed times.

• The Owner will pay for all costs associated with the construction and maintenance of the onsite detention system.

11. 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.

12. 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.

13. 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.

14. CONSENT FOR WORK ON ROAD RESERVES

The applicant must comply with; • The Road Management Act 2004, • Road Management (Works and Infrastructure) Regulations 2005 and • Road Management (General) Regulations 2005 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

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of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

15. 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.

16. 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.

17. 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.

18. NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY (NCCMA)

(a) The finished floor levels of any new dwelling must be constructed to a minimum of 300mm above the estimated flood levels. (b) Open style fencing must be utilised along the flood prone portion of the boundary with 112-114 Taylor Street.

19. DEPARTMENT OF SUSTAINABLITY AND ENVIRONMENT (DSE)

(a) In order to offset the removal of 1 large tree of Floodplains Riverina Woodland Ecological Vegetation Class of medium conservation significance within the Victorian Riverina Bioregion approved for removal as part of this permit, the applicant must provide for the planting and protection for biodiversity values of 70 trees of Floodplains Riverina Woodland Ecological Vegetation Class (EVC) of medium conservation significance and within the Victorian Riverina Bioregion or, an alternative to the satisfaction of the responsible authority.

To provide the required offset, within 12 months of the vegetation removal, the applicant or owner must either: (i) Provide to the responsible authority, an Allocated Credit Extract issued by the Department of Sustainability and Environment Native Vegetation Credit Register which satisfies the required offset; or (ii) Have prepared an offset plan to the satisfaction of and approved by the responsible authority. When approved the plan will be endorsed and form part of this permit.

The Offset Plan must include but is not limited to the following: • Management actions to be performed (e.g. fencing, weed control, pest control, revegetation) • person(s) responsible for implementing the specified management actions • timeline for the implementation of the management actions • method by which management actions will be undertaken PAGE 52

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• standard to which management actions will be undertaken (b) Within twelve months of vegetation removal: (i) the endorsed offset site must be permanently protected to the satisfaction of the responsible authority (e.g. encumbrance on title); and (ii) a copy of the endorsed offset plan and protection mechanism (e.g. title showing encumbrance) must be lodged with the Department of Sustainability and Environment.

1.

NCCMA NOTES Flood levels for the 1% AEP probability (100 year ARI) have not been designated or declared for this area under the Water Act 1989. However, North Central CMA's best estimate of the 1% flood level for the location described above grades from 186.74 metres AHD at the rear of 112-114 Taylor Street down to 186.71 metres AHD at Howard Street.

2.

DSE NOTES • Third party offsets may be available from Bush broker Over the Counter program.

Please contact Greg Waddell on (03) 5430 4353, or visit www.dse.vic.gov.au/nativevegetation for further information.

• The location of any native vegetation offset should not increase the bushfire risk to the proposed development or the adjacent area.

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Site Layout Plan

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Howard Street Streetscape

South Facing Units Floor Plan

South Facing Units North Elevation

South Facing Units South Elevation

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North Facing Units Floor Plan

North Facing Units North Elevation

North Facing Units South Elevation

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3.4 FIVE LOT SUBDIVISION, REMOVAL OF OUTBUILDINGS, CONSTRUCTION OF THREE DWELLINGS AND CONSTRUCTION OF TWO CARPORTS 64 - 66 DROUGHT STREET, BENDIGO Document Information Author

Bryce Kilian, Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This report concerns a planning permit application to subdivide land at 64 & 66 Drought Street, Bendigo into five lots and to construct three dwellings. An existing dwelling is located on both 64 & 66 Drought Street and these will be retained, with the new lots and dwellings to be constructed at the rear.

Matters relating to heritage, neighbourhood character, traffic and amenity impacts are particularly relevant to this application.

Originally the application was submitted as a six lot subdivision and construction of four dwellings. Seven objections to the application were received and a consultation meeting was held. Subsequent to this meeting the applicant amended the application by removing one dwelling and a lot. The application was re-advertised and three of the original objectors submitted revised objections. No objections were withdrawn.

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/827/2011 20 October 2011 The Plan Factory 64 - 66 Drought Street, BENDIGO Residential 1 Zone Heritage Overlay 4

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Subject Site and Surrounds The subject sites are known as 64 & 66 Drought Street, Bendigo. They both contain existing weatherboard dwellings facing Drought Street with setbacks ranging from 5.5 metres to 12 metres. The sites slope from west to east and north to south. Access to the existing dwellings is via a double width crossover and the lots have a combined frontage to Drought Street of 35 metres.

The lots have a combined area of approximately 1,760 square metres in size. All surrounding allotments contain existing residential dwellings. Drought Street features on street vehicle parking.

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

Proposal Subdivision It is proposed to subdivide the site into five lots ranging in size from 158 to 461 square metres with lots one to three and 66 Drought Street being accessed from a 400 square metre common property.

The lots created by the subdivision will be fully serviced by water, sewerage, electricity, telecommunications and gas supply systems.

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Dwellings Three dwellings are proposed at the rear of the existing dwellings fronting Drought Street. The dwellings will be double storey with the ground floors of all units containing a double garage, kitchen and meals areas and upper floors containing three bedrooms and bathrooms. The dwellings will be constructed of brick on the ground floor with a combination of weatherboards and rendered lightweight cladding on the second floor.

Roofing will be in Colorbond and tilt panel garage doors will be used.

Removal of existing outbuildings and construction of carports The applicant proposes the removal of two existing outbuildings on the site, neither of which have any heritage values. Two carports are proposed for construction, one behind the existing dwelling at 66 Drought Street and one on the south western side of the dwelling at 64 Drought Street. The carports will be constructed of a mixture of wood and steel with steel gable roofing.

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).

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 •

Heritage Policy (clause 22.06).

Other Provisions • • • • • •

Residential 1 Zone (clause 32.01).

Heritage Overlay (clause 43.01).

Two or more dwellings on a lot and residential buildings (clause 55).

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

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

Public Notification The application was advertised to the public by mail and an on-site notice. Seven people have objected to a permit being granted because of concerns about neighbourhood character, heritage, traffic and amenity impacts. The grounds of objection are discussed later in this report.

A consultation meeting was held which was attended by six of the seven objectors and the permit applicant. The meeting didn't resolve any of the objectors' issues but it did prompt the applicant to amend the proposed development from six lots and four dwellings to five lots and three dwellings in an effort to reduce the development density.

Planning Assessment Locality of the Proposal The proposal is situated in an existing residential area in very close proximity to the hospital and is identified in the Residential Development Strategy as an area where increased growth should occur. The Residential Development Strategy and Clause 21.06 Housing identify urban consolidation, high quality medium density development and increasing the housing density (amongst other objectives) around the hospital. The proposed development achieves all these objectives.

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Amenity Impacts Concern was raised in relation to the locality of the dwellings and their proximity to existing areas of open space and private open space on adjoining dwellings. The applicants revised the proposal to delete one lot and one dwelling from the north eastern corner of the lot. Doing this enabled larger setbacks on the south western boundary (originally proposed as 1.4m now 3.0m) and on the north eastern boundary (originally proposed as a maximum of 2.0m now a maximum of 8.56m). All habitable windows on the second storey of the proposed dwellings either have a 1.7m sill height or are frosted, demonstrating compliance with the overlooking standards and all other amenity objectives of ResCode.

Neighbourhood Character A key concern raised by the objectors was that the development would not be in keeping with the character and feel of the area. The site is located within the Central Bendigo Residential Character Policy precinct 2 (CB2). This policy identifies that development needs to respond to the built form and natural environment as well as the scale, sitting, building materials and front fencing of the area. The proposal is set behind the two existing dwellings, accessed by a common driveway and whilst the dwellings will be partially visible when looking down the access way they will not be highly visible from any other point in Drought Street. Materials chosen are a mixture of rendered board, weatherboards and brick, all of which can be seen in the immediate vicinity of the site as well as the steel roofing. To minimize the appearance of the proposed dwellings a landscaping plan has been submitted detailing plantings along the length of the access way which itself will be constructed of coloured concrete pavers. Based on the above, the development is compliant with the existing and preferred character of the area.

Heritage The Heritage Advisor suggested that the dwelling on Lot 1 be rotated 90 degrees clockwise and the dwellings on Lot 2 and 3 be rotated 90 degrees counter clockwise.

This would have the effect of a driveway ‘corridor’ and would position the secluded private open space and living areas of the proposed dwellings in a manner that faces adjoining, already developed rear yards. This outcome was deemed inappropriate for the amenity of the adjoining residents and would have resulted in non compliance with ResCode. Aside from this the Heritage Advisor has indicated that the other aspects of the proposal are acceptable as the second storeys of the dwellings will feature timber weatherboards, a landscape plan has been submitted and a condition will be placed on the permit stipulating exact detail of materials and finishes.

All objectors raised concerns that the development ‘does not look heritage’ however the Burra Charter describes; ‘new work to the place may be acceptable where it does not distort or obscure the cultural significance of the place’ and goes on to say that ‘new work should be readily identifiable as such’.

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The proposal has demonstrated that the choice of materials and finishes for the proposed dwellings matches in with those elements already identified within the streetscape and the locality. The dwellings create a readily identifiable delineation between the existing heritage dwellings and the new dwellings. As such the proposal meets the requirements of both Clause 22.06 Heritage Policy and 43.04 Heritage Overlay.

Traffic Grounds of objection related to issues of traffic and vehicle parking. Due to the proposal’s proximity to the hospital, numerous vehicles park in Drought Street and other surrounding streets. Drought Street has line marked vehicle parking bays as do other streets in the vicinity of the site. The proposal will not result in a loss of on street vehicle parking as the existing double width cross over will be utilised.

The most recent data for vehicle movements per day (VPD) in this spot is indicated as 729 VPD. The average dwelling generates 10 VPD as such there would be an additional 30 VPD as a result of this proposal. The capacity of this road is 3,000 VPD therefore Drought Street has sufficient capacity to handle much larger developments. This is well within the capacity of the road and there are also bus stops located in Arnold Street and Barnard Street within 400 metres of the site.

Conclusion One of the objectives of planning in Victoria is to balance the present and future interests of all Victorians. This proposal increases the housing stock around the hospital that is identified for increased residential density and development and also respects the existing heritage nature of the street and broader area whilst complying with all standards of ResCode. The concerns of the adjoining property owners have been taken into careful consideration and when viewed with the objectives of the Planning Scheme the proposal is deemed to be compliant.

Options Council, acting as the responsible authority, may resolve to approve 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 a five lot subdivision, removal of outbuildings, construction of three dwellings and construction of two carports at 64 & 66 Drought Street, Bendigo subject to the following conditions: 1.

NO LAYOUT ALTERATION The use and development permitted by this permit as shown on the endorsed PAGE 63

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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.

2.

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.

3.

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.

4.

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

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 PAGE 64

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the satisfaction of the responsible authority.

Allowable discharge Rate for Units 1 – 3 and Common Property Q100 = Q5 =

10.8 l/s per hectare 5.1 l/s per hectare

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.

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 $860.00 or such amount applying at the time of payment.

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.

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: • 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.

• 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.

• The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority.

• The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times.

• The Owner will pay for all costs associated with the construction and maintenance of each on-site detention system and/or treatment system.

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 PAGE 65

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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 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.

15. 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.

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.

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 1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act. PAGE 66

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(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. (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.

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

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, PAGE 67

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(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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3.5 USE AND DEVELOPMENT OF FITNESS CENTRE, BUSINESS IDENTIFICATION SIGNAGE AND CAR PARKING (AMENDMENT TO PERMIT TO REMOVE CONDITION 20 TO ALLOW 24 HOUR ACCESS TO THE GYM) - 435-439 HIGH STREET, GOLDEN SQUARE Document Information Author

Chris Duckett, Co-ordinator Land Use

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks approval to amend an existing planning permit for a fitness centre at 435-439 High Street Golden Square.

The amendment proposes to remove condition 20 from the Planning Permit for the fitness centre approved on 21st May 2009. Condition 20 restricts the current hours of operation to the following: •6am to 9pm Monday to Thursday •6am to 8pm Friday •8am to 2pm Saturday •9am to 1pm Sunday.

The proposal therefore seeks approval to allow 24 hour access to the gym.

The key issues are as follows: •Economic development •Impact on residential amenity Four letters of objection have been received against the proposal. The applicant declined the offer of a consultation meeting and provided a written response to the concerns raised.

This report concludes that allowing 24 hour access to a fitness centres would result in adverse amenity impacts in a residential area and it is recommended that the application to amend the planning permit is refused.

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.

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•

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

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

AM/78/2009/A 9 July 2012 Feelgood Fitness Centre 435-439 High Street, GOLDEN SQUARE Residential 1 Zone

Subject Site and Surrounds The subject site comprising the fitness centre has an area of approximately 2,616m2 and a frontage of approximately 49m to High Street.

The fitness centre building is located close to the southwest boundary of the site with a car park occupying the remainder of the site.

The adjoining and surrounding land is zoned Residential and largely occupied by single storey detached dwellings. The exception to this is a milk bar which located to the immediate north-west of the site.

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

Proposal As discussed above, the proposal seeks to remove a planning permit condition to allow 24 hours access to the gym.

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The applicant has advised that this change is being sought in order to satisfy the requirements of customers to allow greater flexibility to time their fitness sessions around other commitments. A further reason for the change is to maintain competitiveness with other fitness centres in the Bendigo area. Feelgood Fitness who operate the gym have recently commenced 24 hours access at their centre in Edwards Road, Kennington.

Unlike this site the Edwards Road gym is located in a Business 1 Zone.

It is proposed that the building which is fully staffed under the current operating hours, would be locked after these hours and members of the gym would be given keycards to enable them to access the gym at their leisure. Therefore there will no supervision of members of the gym after hours.

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

Clause 17.01 Commercial

Municipal Strategic Statement •

Clause 21.07 Economic development

Other Provisions • •

Clause 32.01 Residential 1 Zone Clause 65 Decision guidelines

Consultation/Communication Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers.

As a result of advertising four objections were received, with the grounds of objection being: •

Potential of anti-social activities in the car park

•

Increase in traffic and parking issues

•

Night-time noise from activities and music

•

Activities and lighting will result in dog barking

•

Concern over absence of staff

•

Concerns over non-compliance with original permit

•

Noise and noxious body odours that are currently emitted will increase with 24 hour use

The objections are discussed below.

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Planning Assessment Economic Development Clause 17.01 Commercial has the objective of encouraging development which meets the community’s needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

Clause 21.07 Economic development sets out the well-established hierarchy of business centres in the municipality with the CBD at the top of the hierarchy and isolated stores and facilities at the bottom. This site is not located within a business centre and is classified as an isolated facility.

Whilst there is no targeted strategy for isolated facilities, clause 21.07 does have a strategy which seeks to ensure that the retail and commercial sector in Bendigo remains competitive and continues to provide business development.

Whilst this proposal has limited economic benefits to the community, it would enable the gym to remain competitive and provide the opportunity for business development.

In this respect the proposal is compliant with economic considerations in clauses 17 and 21.07.

Impact on Residential Amenity The site falls within Residential 1 Zone. Although the use has a permit already it is important to consider whether or not the use would still meet the purpose of the zone if the hours were extended to allow 24 hours access.

The relevant purpose of the zone is: In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs.

It has already been determined that this is an appropriate location for a fitness centre.

However it was only deemed appropriate for the limited hours included on the permit.

The test is therefore whether or not it would still be considered appropriate if 24 hour access was permitted.

Local residents have raised a number of amenity objections. Some of the concerns are not sustainable objections. For instance dogs barking, body odours and anti-social activities in the car park are matters which would be difficult to control and enforce.

Other concerns raised do have merit and are worthy of serious consideration. It is not known how many people will frequent the gym 'out of hours' and it is fair to assume that it may only be a small number. However in a wholly residential area with 4 dwellings directly abutting the property even a small number of visitors can cause noise disturbance at a time when residents have a right to peace and quiet.

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Of particular concern is the noise and disturbance associated with people arriving at the premises by car. This includes revving of engines, manoeuvring of vehicles, shutting of car doors and disturbance from headlights. These activities might be acceptable within the approved operating hours of the gym but opening up the potential for 24 hour noise and disturbance would have an unreasonable impact on the expectations that residents have for the quiet enjoyment of their property. An added concern to this is that there will be no staff on site outside current operating hours to monitor and manage the behaviour of patrons of the gym.

Conclusion It is concluded that there is insufficient grounds for allowing a business to have unimpeded 24 hour access in a residential area as it would cause an unacceptable impact on residential amenity.

The proposal is therefore contrary to the purposes of the residential zone and orderly planning and it is recommended that the amendment to the planning permit is refused.

Options Council, acting as the responsible authority, may resolve to approve 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 refuse to amend the planning permit for the deletion of condition 20 at 435-439 High Street, Golden Square for the following reason: 1.

The proposal would result in an adverse impact on residential amenity by reason of noise and disturbance from patrons visiting the gym at unsociable hours contrary to Clause 32.01 and 65 of the Greater Bendigo Planning Scheme.

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3.6 2 LOT SUBDIVISION OF LAND - 5 LETHEBYS ROAD, SAILORS GULLY Document Information Author

Liz Commadeur, Subdivision Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This application seeks approval for a two lot subdivision of the land at 5 Lethebys Road, Sailors Gully. One neighbour has objected to the subdivision, principally because of the potential impact the subdivision may have on neighbourhood character.

The site is within Bendigo’s Urban Growth Boundary and is zoned for residential purposes. It is considered that the subdivision meets the requirements of the Planning Scheme and a permit should be granted.

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/512/2012 17 July 2012 Geoff Shaw & Associates Pty Ltd 5 Lethebys Road, SAILORS GULLY Residential 1 Zone No overlays

Subject Site and Surrounds The subject site is located in a residential area, which has been developed in pockets between areas of Crown Land in Lethebys Road, Sailors Gully. The Crown Land abutting the site is the location for old mining activities which were conducted along the north-south reef.

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The rectangular shaped site has an area of 1,178 square metres. The site has a 20.12 metre wide frontage to Lethebys Road, with a depth of approximately 58.55 metres. A weatherboard dwelling has recently been constructed at the front of the site.

The site abuts Crown Land to the east and a vacant residential lot to the north. A dwelling is located on a residential lot to the south. A power pole is located within the nature strip.

Services, including reticulated water and sewerage, power, gas and telecommunications are able to be connected to the site. Lethebys Road is a sealed road with open table drains. There are no footpaths constructed along the street. There is a large table drain located along the frontage of Lethebys Road.

Figure 1: Location map showing subject site. Objector’s property marked with a star.

Proposal The applicant seeks approval for a two lot subdivision at 5 Lethebys Road, Sailors Gully.

It is proposed to subdivide the rear yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. Access to Lot 1 will be from Lethebys Road, while access to Lot 2 will be via a battle-axe entry off Lethebys Road. The area of the lots is: •Lot 1 - 547 square metres •Lot 2 - 631 square metres Planning Controls - Greater Bendigo Planning Scheme The site is in the Residential 1 Zone. A permit is required to subdivide land in the zone.

The following provisions of the Greater Bendigo Planning Scheme are relevant to the application:

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State Planning Policy Framework: • • • • • •

Regional development (clause 11.05) Soil degradation (clause 13.03) Urban environment (clause 15.01) Sustainable development (clause 15.02) Residential development (clause 16.01) Movement networks (clause 18.02)

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) Infrastructure (clause 21.09) Reference documents (clause 21.10)

Local Planning Policies: •

Salinity and erosion risk policy (clause 22.04)

Other relevant provisions: • •

Residential subdivision (clause 56) Decision guidelines (clause 65)

Consultation/Communication Referrals It is noted that a two lot subdivision does not trigger a referral to any external service authorities. The following internal department has been consulted on the proposal: Referral

Comment

Drainage

No objection subject to conditions

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 one objection was received, with the grounds of objection being concern with neighbourhood character issues.

A consultation meeting was not conducted because the applicant wanted the application to be directed to a Council meeting without delay.

The objection is discussed below.

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Planning Assessment Neighbourhood Character The site is located on the eastern side of Lethebys Road in Sailors Gully. Lethebys Road is generally comprised of a mixture of older, small to medium sized weatherboard and brick dwellings with reasonable front and side setbacks. Most properties have no front fences. Gardens tend to be small to medium in size. A small number of medium sized native trees are scattered throughout the area. The area is slightly undulating. The area of the lots generally ranges between 580 and 2,280 square metres. A large area of Crown Land abuts the site to the east and a smaller area is located west of Lethebys Road.

It is proposed to subdivide the rear yard off from the existing dwelling to create a new vacant lot suitable for a dwelling. There are no trees located on the site. The site has a reasonable slope towards Lethebys Road.

The objector has recently purchased the abutting property to the north and is concerned that the proposed subdivision will compromise the ‘atmosphere’ of the area, and lot sizes of approximately 600 square metres will encourage high density living and be detrimental to the neighbourhood.

In response to the objector's concerns, it is considered that the proposed subdivision will respect the existing character of the neighbourhood for the following reasons: •

The streetscape currently reflects a sense of spaciousness, with generous front and side setbacks. This sense of spaciousness will not be compromised as any future development on Lot 2 will be reasonably concealed behind the existing dwelling.

•

The gardens along Lethebys Road are typically small to medium in size. The newly constructed dwelling on Lot 1 currently has no garden, however in time, a small to medium garden is feasible for Lot 1. The existing crossover from Lethebys Road will need to be widened slightly. This will have little impact on the existing character of the street.

•

The creation of an additional lot will not result in setting a precedent for high density living. Generally speaking, high density development refers to a large number of dwellings per hectare that include units, terraces and townhouses, usually located near an activity centre. The proposed subdivision is providing an additional, generous sized lot which is suitable for a medium sized dwelling on the outer fringe of the Urban Growth Boundary.

Rescode Rescode requirements, including solar orientation can be achieved. Access is available to both lots. All services can be connected to the site.

The new vacant lot is able to easily accommodate a 15 metre by 10 metre building rectangle, which is sufficient space for a medium sized dwelling.

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The proposed subdivision will have minimal amenity impacts on the abutting neighbours.

The existing side fences are sufficiently high to alleviate any potential overlooking to the abutting neighbours, in particular No 7 Lethebys Road. The proposed battle-axe driveway to Lot 2 will most likely ensure that a garage or carport will be located on the northern side of the lot. This would enable a degree of separation between Lot 2 and the objector’s property at No 7 Lethebys Road.

The application has been assessed as satisfactorily addressing the objectives and standards of ResCode as contained in Clause 56 of the Greater Bendigo Planning Scheme.

Conclusion For the reasons above, it is considered that the proposed subdivision meets the requirements of the Planning Scheme and a permit should be granted.

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

Attachments •

Objection.

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 a two lot subdivision at 5 Lethebys Road, Sailors Gully 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.

3.

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

4.

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

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5.

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

6.

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.

7.

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.

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 drainage infrastructure has been or will be situated within the boundaries of the subject land.

Such amount is assessed as $2,000 or such amount applying at the time of payment.

8.

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.

Or The responsible authority may deem this condition satisfied by a development contribution towards the treatment 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 its immediate catchment. Such amount is assessed as $1,000 or such amount applying at the time of payment.

9.

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.

10. SECTION 173 AGREEMENT Should the applicant opt to install an on-site stormwater detention system or water quality treatment system then, prior to the issue of statement of compliance, the applicant/owner must enter into an agreement under section 173 of the Planning PAGE 89

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and Environment Act 1987. Such agreement must covenant that: (a) The system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. (b) Each system must be constructed either prior to, or currently with, the construction of any building on the specified lots. (c) The system must be completed prior to connection to the responsible authority’s drainage system. (d) The owner will maintain each system and not modify without prior written approval from the responsible authority. (e) The owner shall allow duly authorised officers of the responsible authority to inspect the system at mutually agreed times. (f) The owner will pay for all costs associated with the construction and maintenance of the system.

11. 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.

NOTE: 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. (c) Road Management (General) Regulations 2005. with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works� (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit.

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Attachment 1: Proposed Plan of Subdivision

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3.7 RE-SUBDIVISION OF LAND INTO TWO LOTS - CAs 15B, 16B & 17B BROWNES LANE, AXEDALE Document Information Author

Muruga Marday, Statutory Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose This proposal is for the re-subdivision of land zoned Farming in Brownes Lane, Axedale from three parcels into two of 54 hectares each to facilitate the construction of a dwelling on each new lot. Four objections were received, but three were subsequently withdrawn.

The key issues are as follows: • •

Whether the subdivision will result in the fragmentation and loss of agricultural land, Potential impact on the operations of a quarry on the eastern side of Brownes Lane

This report recommends that Council resolve to issue a Notice of Decision to Grant a Permit subject to conditions on the basis that the proposal accords with the Greater Bendigo Planning Scheme.

Background Information The subject site forms part of the Backhaus Estate which stretches north along the Campaspe River. Most of the lots comprising this estate are slightly more or less than 40 hectares and most have been sold.

This application has been lodged on behalf of two related farming families who have shifted to Bendigo from interstate and who propose to live on and operate the 109 hectares as a single farming unit producing fat lambs and cattle on a commercial basis.

A detailed Environmental Management Plan including Whole Farm Plan was prepared to support the proposal which also sees an opportunity to provide tourist accommodation.

The original application sought planning consent for the re-subdivision and also to operate the two properties as host farms and to construct two dwellings – one on each newly created lot.

In response to some objections the applicants deleted the proposal for Host Farms. With this deletion, consent for the dwellings was seen as superfluous, because, if the resubdivision is approved a permit will not be required to construct the dwellings as the lots will exceed the minimum 40 hectares.

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It remains the intention of the applicants to operate the dwellings as Bed and Breakfast accommodation. This use does not require a planning permit, as long as accommodation is provided for no more than 6 people.

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/345/2012 28 May 2012 J Abbott and S J Burbury CAs 15B, 16B & 17B Brownes Lane, AXEDALE 3551 Farming Zone Environmental Significance Overlay 1

Subject Site and Surrounds The subject site comprises of three parcels known as Crown Allotments 15B, 16B and 17B Brownes Lane, Axedale. The site is located approximately 330m north of the intersection of Brownes Lane and McIvor Highway. The property is irregular in shape and contains a frontage of approximately 1,000m to Brownes Lane and a maximum depth of approximately 1,242m. The property is vacant and is denoted by sloping, very rocky grazing pastures and scattered vegetation. The Campaspe River borders the western boundary of the parcels. There are no dams located on the site. A vehicle access point currently exists to the site from the south eastern boundary and the property is fenced along external boundaries (except the western) by traditional post and wire fencing.

The site is located on the eastern side of the Campaspe River. Land to the north, south and east of the site is zoned Farming, while land on the opposite side of Campaspe River is zoned Rural Living. Properties in this vicinity range in size between approximately 8 to 9 hectares. A number of properties have been established with dwellings and associated outbuildings which are located close to the Campaspe River.

Some small agricultural activities are presently being carried out on some lots. Land to the east of the site is predominantly utilised by Axedale Sands and Gravel.

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Figure 1: Location map showing subject site. Objector's property marked with a star.

Proposal The proposal is for the re-subdivision of three existing Crown Allotments into two lots (Lot 1 and Lot 2) to facilitate the construction of a dwelling on each of the new lots. The proposed re-subdivision will create two larger blocks with an area of approximately 54 hectares each.

In pre-application discussions with the applicants, the Statutory Planning Department required that an Environmental Management Plan incorporating a Whole Farm Plan be lodged to support the application and to test the applicants’ intention to carry out commercial farming on the land.

The plan proposes that the land be used to produce fat lambs and cattle and outlines a detailed program for progressive environmental improvement of the land including pest plant and animal eradication, pasture improvement, erosion remediation works and fencing off the river to prevent further damage to the riparian areas from livestock.

Building envelopes of 70m x 90m have been nominated for both lots. The proposed building envelopes provide appropriate setbacks between the existing and proposed boundaries, as well as the Campaspe River.

Access to the building sites will be via a common access way off Brownes Lane.

No native vegetation is required to be removed to facilitate access or for the development of the proposed allotments.

Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: PAGE 95

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State Planning Policy Framework • • •

Clause 12.01: Environmental and Landscape Clause 14.01: Agriculture – Sustainable agricultural land use Clause 16.02: Housing Form - Rural residential development

Local Planning Policy Framework (LPPF) & Municipal Strategic Statement (MSS) •

Clause 22.03: Rural Subdivision Policy

Zones •

Clause 35.07 Farming Zone

Overlays •

Clause 42.01: Environmental Management Overlay

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

Comment Catchment

Management No objection subject to conditions

Goulburn Murray Water

No objection subject to conditions

Department of Sustainability and Environment

No objection subject to conditions

Environmental Health

No objection subject to conditions

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

As a result of advertising four objections were received, with the grounds of objection being: a) Proximity of dwellings to a working quarry and fear that amenity complaints might impact existing operations and future expansion plans; b) Over supply of rural subdivision; c) The future status of the Government Road Reserve; d) Visual impact of the proposal on existing residences in the locality.

Following a consultation meeting and discussions with applicants and objectors, the objections relating to items b) and d) were withdrawn.

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The quarry operator withdrew his objection on the condition that the applicants acknowledge the existence and legitimate operations of the quarry, its future expansion plans and its use of Brownes Lane for access and egress. The applicants stated they had no difficulty with the quarry’s existing and planned operations which are some 1km from the proposed dwelling sites.

The owner of the quarry site remains an objector due to concerns relating to matters a) and c).

The remaining objection is addressed below.

Planning Assessment The objective of Clause 12.01 (Environmental and Landscape Values) is to assist the protection and conservation of biodiversity. The Environmental Management Plan supports this objective by providing for pasture improvement, pest plant and animal management, erosion reparation and new fencing to keep livestock away from sensitive and fragile riparian areas.

Further, the Plan identifies that soil and water quality is not expected to be affected by the development inasmuch as it will not impede on the Campaspe River. There is also no proposal to remove native vegetation and the protection of the established vegetation on the site will ensure the development does not impact on the biodiversity of the site and the surrounding area.

The proposal accords with State and Local Policies at Clause 14.01 (Agriculture) and Clause 16.02 (Housing Form – Rural Residential Development) which encourage sustainable agricultural land and set out the objective to identify land suitable for rural living and rural residential zone.

Will the proposal result in the fragmentation and loss of agricultural land?

The purpose of Clause 35.07 Farming Zone includes: • To provide for the use of land for agriculture.

• To encourage the retention of productive agricultural land.

• To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture.

• To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

• To protect and enhance natural resources and the biodiversity of the area.

Under Clause 35.07-3 the re-subdivision of three Crown Allotments to create two lots is supported provided the new lots exceed 40 hectares in size. As stated, the new lots will exceed 54 hectares each.

Included in the relevant decision guidelines for the proposed re-subdivision Council must consider the following: •

Whether the use or development will support and enhance agricultural production.

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• • • • •

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Whether the use or development will permanently remove land from agricultural production.

The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses.

The capacity of the site to sustain the agricultural use.

The agricultural qualities of the land, such as soil quality, access to water and access to rural infrastructure.

Any integrated land management plan prepared for the site.

Through the provision of an Environmental Management Plan including Whole Farm Plan, the applicant has demonstrated that the proposal will enhance agricultural production on site, will not remove land from production and will lead to better environmental outcomes for the land in question.

The proposal will not adversely impact or limit agricultural uses on adjoining land.

Further the re-subdivision results in a reduction in the number of lots available in the area.

The proposal implements Clause 22.03 (Rural Subdivision Policy). Clause 22.03 acknowledges the economic significance of rural areas to the development of Greater Bendigo. The proposal facilitates the return of this land to productive agriculture under the stewardship of experienced farmers living on site.

The City of Greater Bendigo Rural Area Strategy has been primarily prepared to provide strategic direction for the use and development of agricultural land in Bendigo.

The land is identified in the Strategy as suitable for broadacre farming which reflects the submitted farm plan. The Strategy highlights that Bendigo is greatly over supplied with rural subdivisions and seeks to discourage further such subdivision and promotes consolidation of lots. Thus the proposal will create bigger lots rendering the land more viable and versatile as well as enabling them to accommodate different agricultural uses.

Impact on the quarry The proposed building envelopes will be located on the north western corner of the properties providing a separation distance of more than 1.2 km from Axedale Sands & Gravel and it has been assessed that the activities of the sand quarry will not adversely impact on the proposed dwellings or vice versa.

The permit will be conditioned to ensure that building envelopes and any future dwellings are located in accordance with the submitted plans, discussed between the applicants and earlier objectors.

At the consultation meeting the quarry operator advised that current activity is at its closest point to the proposed dwelling sites and will progressively move further away from the subject site.

The applicants are aware of and are comfortable with the fact that trucking and other vehicular traffic along Brownes Lane associated with the quarry with increase over time.

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Status of the government road The status of the un-used government road which dissects the subdivision is not changed by the proposal. It is not uncommon to consolidate farming land around a government road into a single farming lot.

Conclusion In summary, whilst the Planning Scheme discourages the development of dwellings on under sized farming lots this application carries a number of benefits. Specifically it will reduce the number of lots from three to two and provides an opportunity for the resumption of commercial farming by experienced farmers living on site, implementing a farm plan that will improve and protect the agricultural and environmental values of the property. Further, whilst the concerns of the quarry owner are legitimate, it is important to note the distances separating the two activities and the readiness of the applicants to recognise the legitimate and lawful activities of the quarry.

The re-subdivision of the three parcels into two lots is supported by Planning Policy and will create the opportunity for the land to be effectively utilised and managed. The two lots are large enough to contain two dwellings and through the re-subdivision there will be increased opportunity for agricultural pursuits. All the referral authorities have consented to this proposed development.

In the light of the above, it is recommended that the application be approved subject to conditions.

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

Attachments •

Objection

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 re-subdivision of three parcels known as CA 15B, 16B & 17B Brownes Lane, Axedale into two lots subject to the following conditions: 1.

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.

2.

PROVISION OF SERVICES The owner of the land must enter into agreements with the relevant authorities PAGE 99

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for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authorities’ requirements and relevant legislation at the time.

3.

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

4.

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

5.

RURAL VEHICLE CROSSING LOCATION (a) Any new or otherwise vehicular entrances to the subject land from the road shall be constructed at a location and of a size and standard satisfactory to the responsible authority. (b) The vehicle crossings must be constructed at the applicant’s expense to provide ingress and egress to the site to the satisfaction of the responsible authority. (c) The crossover shall be constructed in accordance with the Infrastructure Design Manuel SD255 and include a pipe of a diameter suitable to accommodate the actual volume/flow (having a minimum diameter of 300mm). (d) Culverts located in the clear zone shall be installed with trafficable end walls (refer VicRoads standard drawing SD 1991). The final location of the crossing is to be approved by the responsible authority via a Consent for Works on Road Reserves’.

6.

GOULBURN-MURRAY WATER (a) All construction activities and on-going use of the site must follow sediment control principles outlined in ‘Construction Techniques for Sediment Pollution Control’ (EPA, 1991). (b) A 30m wide buffer strip of native vegetation must be established and maintained adjacent to the Campaspe River and either side of the waterways that traverses the eastern portion of the subject land. The waterway must be fenced to prevent stock from having access and no buildings are to be constructed within the vegetated buffer zone. (c) Any works on the waterway such as crossings must be undertaken in accordance with the relevant Works on a Waterway License as granted by the North Central Catchment Management Authority. (d) Wastewater from each of the proposed dwellings must be treated to a standard of at least 20mg/l and 30mg/l suspended solids using a package treatment plant or equivalent. The system must be an EPA approved system, installed, operated and maintained in accordance with the relevant EPA Code of Practice and Certificate of Approval. (e) Wastewater disposal areas from each of the dwellings must be located above the 1 in 100 year flood level and a setback of at least 60 metres PAGE 100

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from the nearest waterway and dam.

Wastewater disposal areas must be kept free of stock, buildings, driveways and service trenching and must be planted with appropriate vegetation to maximise their performance. Stormwater must be diverted away. A reserve wastewater disposal field of equivalent size to the primary disposal field must be provided for use in the event that the primary field requires resting or has failed.

NOTES: Environmental Health Before a building permit is issued for any works at either property, a septic tank permit to install must be issued by the responsible authority.

North Central Catchment Management Authority Flood levels for the 1% AEP probability (100 year ARI) have not been designated or declared for this area under the Water Act 1989. However anecdotal evidence indicates that in the event of a 100 year ARI flood it is unlikely that the location of the two dwellings will be subject to inundation from Campaspe River.

Goulburn-Murray Water Application must be made to Goulburn-Murray Water prior to construction of any dams on the subject land. A license must be obtained where surface or groundwater supplies are taken and used for commercial irrigation purposes or if a dam is to be constructed on a waterway as defined under the Water Act 1989. Water Act 1989.

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3.8 SUBMISSION TO THE PROPOSED ZONE REFORMS Document Information Author

Philip DeAraugo, Activity Centres Place Manager

Responsible

Prue Mansfield, Director Planning and Development

Summary/Purpose The purpose of this report is to provide the opportunity for Council to consider and review the submission to the proposed zone reforms that have been initiated by the Victorian Minister for Planning.

Policy Context The Council Plan 2009-2013 (updated 2012) includes Strategy 1.10 which states: Provide clear planning policy direction and works to improve systems so that sound decisions are made promptly for land use and sustainable development.

Background Information On 11 July 2012 the Minister for Planning released a package of proposed changes to the Victoria Planning Provisions (VPP). The VPP is the suite of planning controls that are available to local governments in putting together their own planning schemes. Most commonly we refer to these as being the planning zone and overlay controls that apply to a property. The Minister believes that the proposed changes are required to create a more responsive and contemporary planning system that is able to adapt to changing economic conditions and create an incentive for those wanting to build or invest in Victoria.

In summary, some zones are proposed to be deleted and replaced, and others are proposed to be amended. The affected zones are listed below: Delete nine existing zones Residential 1 Zone Residential 2 Zone Residential 3 Zone

Create five new zones General Residential Zone Residential Growth Zone N’hood Residential Zone

Business 1 Zone Business 2 Zone Business 5 Zone

Commercial 1 Zone

Business 3 Zone Business 4 Zone

Commercial 2 Zone

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Amend 12 existing zones Low Density Res Zone Mixed Use Zone Township Zone Rural Living Zone Green Wedge Zone Green Wedge A Zone Rural Conservation Zone Farming Zone Rural Activity Zone Industrial 1 Zone Industrial 2 Zone

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Priority Development Zone

Industrial 3 Zone

Report As with any major reform there is a need to carefully consider the impacts of the proposed changes and to identify the likely consequences on our municipality.

The City of Greater Bendigo has invested many years and significant resources to develop a comprehensive suite of integrated planning strategies in partnership with our community. We use the planning system as a way to achieve outcomes. By providing clarity and guidance to our implementation partners including residents, investors, developers and decision makers we have demonstrated an ability to work collaboratively to deliver our agreed strategic directions and to plan for growth and manage change over time for the benefit of our community and City.

This approach has contributed to the incremental development of the Bendigo urban area, our small towns and rural areas. It has resulted in significant investment being made in our commercial centres, industrial precincts and residential areas. Combined, this approach has played a major role in building a strong, diverse and robust economy.

The impacts of the proposed reforms are difficult to quantify, however we believe that there are a number of positive elements within the reforms that will assist us in delivering on our identified strategic directions, most notably through the use of the three new Residential zones (that recognise that not all areas are the same) and a simplification of the Business zones. Other improvements relate to the removal of some ‘permit triggers’ for small scale uses or dwelling extensions. We believe these changes will support residential development in locations that have the capacity to accommodate growth, and support a broader range of business investment in existing centres where they can contribute to creating truly mixed use centres where people can undertake a number of tasks in the one visit. It should be noted that the implementation of the new Residential zones cannot take place until further strategic work is completed to inform the application of the zones, and the Government has indicated that we will have 12 months to do this.

Without knowing the criteria and without having budgeted to do it, it is unlikely that the work could commence until the 2013/14 financial year at the earliest.

The implementation of the new Commercial zones however is proposed to be a direct translation, which could come into effect in early 2013. In the City’s submission we have requested that we work closely with the Department of Planning and Community Development to develop a tailored implementation plan to ensure we can manage the translation to the new zones and ideally include a small number of CBD sites that would benefit from being in a commercial zone rather than their current Public or Special Use zone.

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The proposed reforms also include elements that if implemented in their current form could result in some significant unintended consequences. The most notable of these are the greater flexibility in the Industrial and Residential zones where some commercial (office and some retail) uses would be allowed, and the removal of the floorspace controls in the Business zones. The first of these is likely undermine and devalue the significant investment in our existing commercial centres as cheaper land is available in nearby industrial precincts (to develop a 2,000sqm supermarket for example) without the added costs of developing in an activity centre environment. This is contrary to what we are trying to achieve in our commercial centres, where we are trying to attract and consolidate office and retail developments to contribute to the activity and life of our centres. This issue is not as much of a threat in metropolitan areas where there is limited opportunity to ‘add’ land to the land supply figure, however given the proximity of our industrial precincts to our commercial centres, it would effectively add a significant amount of land to the land supply and demand equation. The second issue relates to the removal of the floorspace controls that are currently in the Greater Bendigo Planning Scheme. Of particular concern is the removal of the 26,000sqm limit applying to the Bendigo Marketplace. This limit was expected to increase in time, however it is a critical tool to control the expansion of the centre and the potential impacts on the remainder of the CBD. Another of the changes that needs further thought relates to the reduction in minimum lot sizes in the Low Density and Rural Living zoned areas. This may be at odds with policy directions to reduce the amount of people and property that is placed at bushfire risk; it could place added pressure on preserving native vegetation for both environmental and character reasons; and it could also limit the ability of the City and infrastructure providers to adequately plan for and efficiently service such areas.

Some other comments on the zones reforms process relate to the relatively short consultation timeframe, given the complexity of the issues to be considered. This has meant that other than being able to alert our key stakeholders to the reform through existing events and networks, we have not been able to discuss the proposed changes broadly with our community. There has also been a lack of detail about how the proposed changes will be implemented. This is of particular concern with the changes to the residential zones where it is mentioned that we will have 12 months to consider and apply for a conversion to the new zones. A review of this type cannot be achieved without additional budget, human resources and time. It is likely to be of significant interest to our community and we would work with them closely on such a project.

Consultation/Communication Internal Consultation: A cross-organisational collaboration has supported the development of the City’s submission to the zone reform process. This included representatives from Strategy, Planning and Special Projects meeting on several occasions to develop a discussion paper. Briefing sessions were also held with the Executive Management Team and members of the Organisational Leadership Team prior to drafting the attached submission.

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External Communication Members of the cross-organisational team have taken the opportunity to discuss the zone reforms with key stakeholders when the opportunity presented itself. This included discussions with the Urban Development Institute of Australia, Bendigo Manufacturing Group, Bendigo Business Council and the Professional Services Group. The primary purpose of the discussions was to alert them to the changes and to discuss some of the likely implications. Their feedback has also contributed to the City’s submission.

A sub-regional meeting was also held on 31 August 2012 with Planning Managers from Loddon, Mt Alexander, Campaspe, Central Goldfields and Gannawarra. The purpose of this meeting was to share views on the proposed reforms and ensure that all municipalities were across the broad range of issues. It is worth noting that there is some consistency in the views of the various municipalities, however with slight bias towards different issues depending on their size and focus.

Conclusion The City of Greater Bendigo has prepared and lodged the attached submission to the proposed zone reforms released by the Minister for Planning. It was lodged prior to being endorsed by Council as the short consultation period did not allow time to consider the complex reforms and report back to Council. It is believed that the submission covers the major issues facing the City of Greater Bendigo should the reforms be enacted, and it is recommended that Council consider and amend the submission as required prior to lodging an endorsed submission.

Resource Implications There are no resource implications attached to the preparation of the submission other than staff time. There are significant resource implications should the reforms be enacted, most notably with the strategic work required to implement the new Residential zones.

Attachments •

City of Greater Bendigo submission to the zone reform process

RECOMMENDATION That the Greater Bendigo City Council endorse the City Of Greater Bendigo submission to the zone reform process and advise the Minister for Planning.

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3.9 CROCODILE GOLD P/L FOSTERVILLE GOLD PROJECT NOMINATIONS FOR COMMUNITY REPRESENTATIVES Document Information Authors

Peter O’Brien & Shannon Rosewarne – Senior Planners

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose The term of the current Environment Review Committee is due to expire in October of this year. The purpose of the report is to appoint 2 community representatives to the Environmental Review Committee for the Fosterville Gold Project for the next 2 years.

Policy Context Council Plan 2009-2013 (Updated 2012) Community and Culture: • Encourage, recognise and support active and informed engagement in civic life.

Background Information The Fosterville Gold Project commenced in 1988 with amendments to both the Huntly and Strathfieldsaye Planning Schemes to allow for open cut pits along the Fosterville fault line. A further approval by way of Environmental Effects Statement (EES) in 1997, provided for deepening of some pits and underground mining.

Part of the original approvals written into the current Mining Lease (ML 1868) provide for the formation and ongoing project monitoring using an Environmental Review Committee (ERC) consisting of agencies (Environment Protection Authority, Goulburn Murray Water, Department of Primary Industries - Minerals and Petroleum, Department of Sustainability and Environment, City of Greater Bendigo) and 3 community representatives. The committee meets quarterly and is currently chaired by Councillor Campbell.

The key role of the committee is to review the performance of the operator against the requirements of legislation, the licence and the environmental management plan. The committee may also act as a forum for discussion amongst government agencies, the community and the company. Subsidiary roles include: • Provision of feedback on any environmental problems associated with the mining operation; • Enabling consultation on Work Plans and Work Plan Variations; • Reviewing new proposals and advising the company on the means to minimise impacts and expedite approvals; and • Improving community understanding about mining and mechanisms of government.

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The Lease provides that (condition 1): "The Greater Bendigo City Council will select the community representatives from a public call for nominations. In selecting representatives Council should include the following assessment: • the combined ability of the three representatives to represent the broadest possible range of community interests and geographical locations; • the ability and willingness of the nominees to represent the community; and • the need to ensure that the views of significant interest groups are represented."

Report In response to an invitation via public notices in both the Bendigo Advertiser and McIvor Times, two nominations have been received for ERC membership for the three community representative positions. Both nominees are present members of the ERC and local community members who are regular attendees of meetings. The nominees have demonstrated a high degree of community activity, the ability to disseminate information, long-term involvement with the project and a good technical understanding of the project.

Barrie Winzar – 51 Winzar Lane, Goornong: Current member and has been on the committee since its inauguration.

Tim Harrington – 854 Axedale-Goornong Road, Fosterville: Current member, property abuts the eastern boundary of the Lease.

Resource Implications Nil Attachments •

Letters of nomination.

RECOMMENDATION That Greater Bendigo City Council resolve to appoint the following community members to the Fosterville Environmental Review Committee: • Barrie Winzar • Tim Harrington

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3.10 RESPONSE TO PETITIONS: DUST PROBLEM AND PROPOSED ROAD CLOSURE IN CHRYSLER DRIVE, EPSOM Document Information Author

Graham Thomas, Traffic and Infrastructure Engineer

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose This report responds to the matters raised in a petition presented to Council on 25 January 2012 and to a related petition presented to Council on 26 September 2012.

The report recommends a permanent closure to through traffic in Chrysler Drive, Epsom and that the required barrier is located on the boundary between the properties of 10 and 12 Chrysler Drive.

Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2009–2013 (updated 2012) Built and Natural Environment Strategy 1.12

Develop a sustainable integrated transport network.

Background Information The matter of dust being a problem in Chrysler Drive was brought to Council’s attention in a petition dated 7 December 2011.

The petition reads: "I am requesting that along with other residents of our small approx 350 metre long street that you revisit the problem due to the high volume of commercial and speeding vehicles using this street which ends at a t-intersection. We also ask that you consider making entry from the south approach and install speed restrictions signs and 'slow, high dust' signs".

Signatures

-

12

Following an onsite meeting between staff and residents, Council resolved on 25 January 2012 as follows:

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That Council: •

Carry out a temporary road closure in Chrysler Drive, Epsom approx 76 metres south of Golf Course Road in accordance with Section 207, Schedule 11, Clause 10(1)(a) of the Local Government Act 1989 for a period of 3 months.

•

Place a public notice in the Bendigo Advertiser in relation to the temporary road closure requesting written submissions in accordance with Section 223 of the Local Government Act 1989.

The temporary traffic closure was installed on the boundary between 8 and 10 Chrysler Drive on 1 February 2012 and a public notice placed in the Bendigo Advertiser on 28 January 2012.

Council received two submissions to the temporary closure. Both submissions supported the closure to through traffic, however one submission did not support the location of the traffic barrier in the place where it was trialled.

An onsite meeting was held on the 7 August 2012 with landowners and residents to discuss the matter. At the meeting, consensus was reached by all except one landowner that the barrier to through traffic should be located between the properties of 10 and 12 Chrysler Drive. The dissenting landowner believes that the most appropriate location is on the boundary between 18 and 20 Chrysler Drive. The suggested locations are as shown below.

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In accordance with Clause 207 and 207A and Schedule 11, Clause 9 of the Local Government Act 1989, a public notice was placed in the Bendigo Advertiser on Wednesday 22 August 2012 advising of a proposed permanent closure to through traffic and calling for submissions in accordance with Section 223 of the Local Government Act 1989.

Council received a further two submissions to the proposed permanent closure. Both submissions again supported the permanent traffic closure, however one supported the proposed barrier being located between properties 10 and 12 and the other (in the form of a second petition), suggested the barrier be located between properties 18 and 20.

This second petition (acknowledged at the Council meeting on 26 September 2012) has 72 signatures from residents, property owners and business operators in the area of Chrysler Drive and requests the following: •

Council construct a barricade at the half way mark between No 18 and 20 Chrysler Drive.

•

That the Chrysler Drive residents agree to share the cost of asphalting the street.

The map below shows the location of signatories to the petition.

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Note: 11 signatories are from a single business in Chrysler Drive.

As a matter of process, in accordance with Clause 9 of Schedule 11 of the Local Government Act 1989, prior to Council proceeding with any permanent traffic closure in Chrysler Drive, it must consider a report from the Roads Corporation (VicRoads). This report has been received and VicRoads has offered no objection to the installation of a permanent closure to through traffic in Chrysler Drive.

Report While there is consensus among all parties for a permanent closure of Chrysler Drive to through traffic, there are two points of difference requiring a decision of Council: 1. The location of the barrier to through traffic; and 2. The upgrade of Chrysler Drive from a gravel to sealed surface.

Location of Barrier Until such time as David Crescent is developed, the barrier can be located at any point along Chrysler Drive to achieve the objective of preventing through traffic.

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If the barrier is located between properties 18 and 20 then a fence approximately 90m long on the east side of Chrysler Drive would be required in addition to the barrier across the road. If David Crescent were developed, then this fence would likely be removed and through traffic would again be possible in the northern section of Chrysler Drive.

If the barrier is located at the boundary of 10 and 12 then this means that three existing properties would access Chrysler Drive from the south and the remaining properties would access it from the north. Both Golf Course Road and Taylor Street have good access to the Midland Highway and therefore there is no strong preference either way from a traffic management perspective.

By locating the barrier at the property boundary of 10 and 12, the development of David Crescent would not then unintentionally re-create through traffic in Chrysler Drive. See below for details of David Crescent subdivision.

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The notion of a permanent road closure also requires explanation as, should Council resolve to permanently close the road, the Local Government Act permits the Council at any future time to revoke this decision and to re-open the road to through traffic. In this sense, the legal differences between a temporary and permanent road closure is largely semantics and Council should not consider a decision to permanently close the road to be irreversible should the need arise.

While it is appreciated that a closure further to the south of Chrysler Drive would be more attractive to the business operating at the southern end, the compromise offered by the other landowners seems reasonable and the installation of the barrier at the 10/12 boundary will be more cost effective to Council, and will future-proof the closure from any development in David Crescent.

Upgrade of Chrysler Drive to Sealed Surface It is unclear why the second petitioner wishes the remainder of Chrysler Drive to be sealed, however it is known that the section sealed between the business at 32/38 Chrysler Drive and Taylor Street was funded by that business. Based on the planning permit issued for the development in 2007, this work was undertaken by choice rather than as a requirement of the permit.

Notwithstanding this, at the onsite meeting held on 7 August 2012 the residents were asked about the possibility of upgrading the road. It was clearly indicated that they do not wish this to occur.

In accordance with Council’s decision in 2011 to cease shared cost schemes (unless, on a case by case basis, there is a strong desire from effected residents to do so), it is recommended that this option not be pursued at this time.

Resource Implications Permanent installation of the recommended barrier is estimated to cost no more than $5,000. Installation of a barrier at 18/20 Chrysler Drive and the associated fencing is estimated to cost no more than $15,000.

Either solution would be required to be funded from Council’s maintenance budget unless specific funds are allocated for these works.

Conclusion While there is consensus over the need to permanently close Chrysler Drive to through traffic, the location of the required barrier is not unanimously agreed. On balance, locating it at the property boundary between 10 and 12 Chrysler Drive is considered to be the best option on the basis of cost, acceptance by household residents and the impact from the possible development of David Crescent.

Given the resistance to sealing of Chrysler Drive by residents, this option is not considered necessary to pursue at this time.

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RECOMMENDATION Having considered the submissions received under Section 223 of the Local Government Act in relation to the proposed permanent closure of Chrysler Drive to through traffic, it is recommended that Council: 1. Pursuant to Section 207 and 207A, Schedule 11, Clause 9 of the Local Government Act 1989, install a permanent barrier across Chrysler Drive in line with the property boundary between 10 and 12 Chrysler Drive, Epsom.

2. Notify the submitters of Council's decision.

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4.

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ECONOMIC DEVELOPMENT

4.1 EDWARD STREET CAR PARK SUMMARY

AND

OFFICE

COMPLETION REPORT

Document Information Authors

Rachel Lee, Major Projects Manager Stan Liacos, Director City Futures

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose The purpose of this report is to provide Council and the community with a final summary report on the delivery of the Edward Street Car Park and Office Complex project.

Policy Context Council Plan References: 1.1.

Plan and implement identified major projects:

1.1.1: Complete and commission systems and equipment for the Edward Street Car Park and Office Complex and handover the major tenancy to State Trustees.

1.1.2: Implement agreed streetscape design for Edward Street in conjunction with the development of the multi storey car park.

Background Information The Edward Street Car Park and Office Complex has been developed on a 3,290 sq.m Council-owned site on the southern edge of the Bendigo CBD. The site is bound by Edward, King and Queen Streets and the CVGT Australia (former Telstra) office building and is situated diagonally across from the existing Target Department Store.

The concept of developing a multi-story car park on the southern side of the Bendigo CBD had been under consideration for some ten years and has been built to achieve the following objectives:

Significantly increase the supply of short and long stay car parking for patrons and employees of the Bendigo CBD;

Help relieve parking pressure on commercial and residential areas surrounding the Bendigo CBD;

Provide public toilets and baby-change amenities for the CBD; PAGE 118

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Provide major economic development benefits for the region (including direct employment benefits stemming from the attraction of the 100-employee Victorian Government’s State Trustees office to Bendigo);

Encourage the development and current and future growth of the CBD; and

To be financially viable for the City of Greater Bendigo.

In planning and designing the project, a key consideration was incorporating up to 1,800 sq.m for one or more commercial tenancies at the ground level of the complex, the purpose being to provide “active” street frontages wherever possible as well as provide Council with a revenue stream to help finance the development and help fund its wider operations once project debt-servicing is paid-off.

The design team was led by Melbourne-based international architecture firm Peddle Thorp Architects in association with Irwin Consult (Structural and Civil Engineers); Wood and Grieve (Building Services Engineers); Gardner Group (Building Surveyors); Aquenta (Quantity Surveyors); HSPC (Disability Access); Aurecon (Traffic Engineering); and Tract (Landscape Architects).

The Head Builder Contractor was H.Troon Pty Ltd. Construction commenced in July 2011. On Tuesday 24 July, 2012 the car park component of the complex was officially opened.

Previous Council Decision(s) Date(s): Council undertook to commence investigation of the Edward Street site for a multi-level car park in October 2008.

Approval for concept designs, moving to detailed design, financial modelling, preparation and lodgement of statutory development approvals, tenant attraction and delivery of tender process was granted in January 2010.

A planning permit for the project was granted in December 2010.

In July 2011, Council approved the construction tender of the complex.

Council received progress reports on how the project was progressing from a construction perspective in December 2011 and March 2012.

Report Pre-Construction Requirements Site conditions A special condition of the planning permit granted was a requirement of Heritage Victoria for the project team to:

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Produce a Social History for the site (i.e. an analysis of the site’s prior uses and occupants);

Undertake test excavations on the site to determine the likelihood or otherwise of any historically significant archaeological remains; and

Undertake archaeological monitoring of sub-surface disturbance across the rest of the site if the test digs revealed any findings of note.

The Social History was prepared and was used to guide the archaeological test digs in May 2011 that ultimately concluded that it was most unlikely that any artefacts of historical significance existed under the bitumen surface of the site.

Heritage Victoria maintained a monitoring role during the excavation phase and assisted when a 1970’s cellar was uncovered. Work was able to proceed without delay to contract works.

Thankfully no contaminated soil was detected however a small un-registered mine shaft was detected that needed to be capped at modest expense.

Temporary car parking arrangements To minimise disruptions and inconvenience to car parking, traffic flows and patron comfort in the vicinity of the development site during the construction phase, Council had agreed to a number of temporary local parking arrangements.

These temporary measures have all now been reinstated.

Agreement with property owner of the Bendigo Target Department Store A legal agreement dating back to 1987 had existed between Council and the owner of the Bendigo Target Department store property situated diagonally opposite the proposed complex. The agreement was made by the (then) City of Bendigo at the time the Target store and associated car parks in proximity were developed.

A feature of the original agreement included an obligation for Council to obtain the consent of the owner of the Target property to develop the ground level of the subject site for any purpose other than parking. After extensive deliberations, consent was subsequently provided and is now enshrined in an updated legal agreement that is more favourable for Council.

Neighbourhood relations The project team introduced themselves to the immediate neighbours and undertook to regularly keep them “in the loop” regarding any elements of the construction program that may affect their staff or patrons. This was particularly relevant in the case of changes to traffic management.

Positive comments were received at the end of construction from all key neighbours as to the high level of direct and honest communication they received during the project and how quickly any issues were resolved.

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Construction After a through competitive tender process, Head Contractor H.Troon Pty Ltd was appointed by Council in July 2011 and commenced construction later that month.

Despite some periods of heavy rain that affected the program at certain stages, the car park and office complex was completed approximately one month ahead of schedule.

Up to 40 tradespeople on average per day worked on the site at peak times. Bendigobased company Ausform Pty Ltd was the largest sub-contractor with an approximate $6million component to build the main concrete structure and ramps.

H.Troon was also engaged to deliver the comprehensive security system that incorporated 52 (internal and external) cameras.

Streetscape works were scheduled around breaks in construction which allowed the overall project program to be efficiently managed and to stay ahead of schedule.

Handover occurred for State Trustees several weeks ahead of schedule whilst the car park component was completed approximately 4 weeks ahead.

The artist impression that was widely publicised was brought to fruition through the delivery of the building’s distinctive façade, signage and the hospitality tenant on the Edward and Queen Streets corner.

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Design impression released in 2010

Completed: July 2012

Streetscape enhancement works – Bendigo CBD Plan Significant streetscape enhancement works were undertaken in the immediate surrounds of the project site. As part of this work, a footpath in King Street was created where one previously did not exist. This new footpath continued around the other two street frontages with considerably more public space created on the Edward Street frontage in particular.

This increased footpath width has also enabled the installation of (to come) outdoor dining areas, bicycle parking and street furniture. Tree planting was undertaken on all three streets frontages to create an infinitely more attractive and pedestrian-friendly environment than what had previously existed.

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Works were completed by the BENCON team in accordance with the budget and all civil infrastructure works simultaneously with the development and opening of the Car Park and Office Complex.

Car park management When the project was approved for construction, Council was not completely definitive regarding the eventual operational policies for the car park component of the complex, however there were a number of in-principle understandings in place that were necessary to inform design and financial modelling.

These principles have now been refined and formally adopted: •

That the car park incorporate a mix of both short term (casual) and reserved (all-day) parking and provide an opportunity for 24-hour access for pre-registered card holders;

•

100 car spaces (out of the total 420) to be leased to individuals or companies for reserved all-day car parking spaces at the rate of $1,500 per annum (or $125 per month) or 24/7 access at $1,800 per annum (or $150 per month);

•

320 spaces (out of the total 420) to be devoted for spaces that are free-of-charge for the first 90 minutes after which an hourly fee structure will apply being $1.40 per hour up to a maximum of $7.00 per day;

•

The car park will be managed in-house with a target utilisation/occupancy rate within the first three years of 70%;

•

That the public toilets and bike parking are to be made available during car park hours of operation; and

•

Initial operating hours confirmed as: -

Open from 7.00am (Monday to Saturday) Closed 7.30pm Monday – Thursday Closed 9.30pm Friday Closed 6.00pm Saturday Closed Sunday

Two contractors were appointed to deliver the car park’s operating management systems - Xacom (security) and CDS Worldwide Pty Ltd (car park management).

Xacom was appointed by H.Troon on behalf of the City to implement the security access control for the complex and the 52 surveillance cameras throughout the building.

CDS Worldwide is the provider of the Hargreaves St Multi-Storey Car Park Management System and has implemented a comparative system in the Edward St Car Park. There were some new features installed including the opportunity for after hours access for residential parkers as well as a fully integrated License Plate Recognition System and LED ‘real time’ parking monitoring system.

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Signage An important element of the project was the provision of quality signage to identify the building as one distinctly owned by City of Greater Bendigo, as well as providing underawning illuminated signs for business tenants, and functional signage for the building’s primary purpose as a car park. The signage package delivered included:

City of Greater Bendigo logo sign;

Under awning signs;

Illuminated LED “Real Time Monitoring” sign;

A statutory parking “P” identifying sign; and

Internal regulatory and way-finding signage.

The internal way-finding signage package incorporated both colour and numbering systems.

Commercial Tenancies – Ensuring financial viability Attraction of tenants A key aspiration of the project from inception was the attraction of one or more commercial tenancies at the ground level of the complex, the purpose being to provide “active” street frontages wherever possible, as well as to provide Council with an attractive revenue stream to help finance the development and help fund wider operations once project debt-servicing is paid-off.

State Trustees – major tenant An in-principle anchor tenant commitment was reached with the Victorian Government’s State Trustees in September 2010 for some 1,550 sq.m. The attraction of a major component of State Trustees’ administrative and regional operations to Bendigo is a major economic initiative for the Greater Bendigo community ultimately delivering 100 direct new jobs to the region.

In the interests of efficient site and construction management, and to achieve savings in cost and time, we had asked the construction firms that had tendered to price an “integrated fit-out”, i.e. an arrangement whereby a head developer client (in this case Council) oversaw the entire development, including the major tenant’s fit-out. In this instance State Trustees would design its space to meet its specific requirements, but would allow the developer (Council) to oversee the entire construction process. State Trustees agreed to promptly pay its component of development costs to Council. This model was considered prudent and was agreed to between representatives of Council and State Trustees.

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$1,477,591 was included in the head contract for the integrated fit-out component of the State Trustees’ tenancy development. The fitout commenced in February 2012 and was completed ahead of schedule. Only an additional $30,479 was required in variations to complete this component and this figure was added to their original contract sum to total $1,508,070 which has subsequently been paid to Council.

State Trustees commenced operations several weeks ahead of schedule on 16 July 2012. They initially commenced operations with 25 relocating employees from their Melbourne Head Office along with 48 new employees recruited locally. Continued planned growth of the office will see more new Bendigo employees join to reach their capacity of 100 employees by the end of the year.

State Trustees are delighted with their leased space and have praised our project team for their approach and results.

State Trustees will officially open their office in mid-October.

The Coffee Club – second tenant Plans for the complex included provision for a second tenancy of approximately 220 sq.m situated prominently on the corner of Queen and Edward Streets. Like the State Trustees tenancy, the objective of the second tenancy was to:

Provide a revenue (rental) stream to Council;

Provide an “active” ground-level use and activity to enhance the visual and pedestrian-friendly nature and appeal of the building and streetscape; and

Facilitate the location of a desirable new business in and for the Bendigo CBD.

From the outset, our stated preferences were to attract a tenant that:

Committed to a relatively long-term lease agreement;

Agreed to pay a rental reflective of the excellent location and quality new building;

Would be responsible for the full “fit-out” of their premises; and

Was desirably either a hospitality or retail business that would provide an ‘active frontage’.

Late last year, we jointly appointed local commercial property agents – DCK and First National Tweed Sutherland – to help us attract a tenant that fulfilled our brief. The search for a suitable tenant attracted a stand-out prospective candidate that fulfilled all our criteria.

The Coffee Club is a Brisbane headquartered group of (some) company-owned and (mostly) franchised licensed cafes and restaurants. There are approximately 270 outlets within Australia, New Zealand, Thailand, New Caledonia and, most recently, in China.

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The Coffee Club in Bendigo will be a premium outlet in the group’s suite of outlets intending to operate seven days a week until late as a fully licensed café / bar / restaurant and is due to open in November 2012.

Development Management Project management regime The project was managed by a Project Control Group including the CEO and headed up by the Director, City Futures. Team members included: •

Craig Niemann, CEO - CoGB

•

Stan Liacos, Director City Futures - CoGB (Project Director)

•

Don Goldsworthy, Consultant Architect

•

Rachel Lee, Major Projects Manager (Project Administrator)

•

Ted Gallagher, External Project Manager - Gallagher Jeffs

•

Terry Huddle, Internal Project Manager – CoGB

•

Neville Zimmer, Manager Parking and Animal Control – CoGB

•

Brett Martini, Manager Asset Planning and Design - CoGB

•

Andy Walker, Manager Building and Property Services- CoGB

Mr Ted Gallagher served as independent project manager and construction contract superintendent throughout the project.

The construction management regime established was put in place to oversee the physical delivery of the development; to ensure clear lines of accountability; and provide a clear chain-of-command to ensure clear instructions, decisions and efficient delivery.

Financial model Council will recall that a comprehensive financial model was prepared, presented and endorsed prior to the development proceeding. The model illustrated how the development would be financed and how it would be prudently underpinned by revenue streams generated from both rent and car parking fees.

The project has been delivered precisely in accordance with the endorsed financial model. Every assumption made in the financial model has been met, in some instances more favourably than originally forecast.

Project budget and cost report summary Three years ago, Council set a notional budget limit of $15,000,000 (cost to CoGB) for the development of the project. As illustrated below, despite three years of inflation and the complexity of the development, the project was ultimately delivered marginally under budget.

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Items

Income

Head Contract (including variations and State Trustees integrated “fitout”) Engineering, Design and Project Management – Professional Services Car Park Management System Security System Miscellaneous (includes headwork charges, legals, communications, external and internal signage, traffic management works etc) Streetscape Works - Contribution Sub-Total Less State Trustees (reimbursement for integrated “fit-out”)

Expenditure $14,717,858 $808,383 $183,960 $161,991 $249,430 $200,000 $16,321,622

$1,508,070

Total Project (Net Cost to CoGB)

$14,813,552

Note: GST excluded.

Project construction variations totalled $492,472. The nature of these variations is attached for information. This level of variation is considered very reasonable for a project of this scale and nature and generally in line with industry norm. State Trustees related “fit-out” variations totalled $30,479.

Consultation/Communication The development was widely publicised in the following manner:

Many and varied media articles and editorials in Bendigo’s print, television and radio media;

August 2010 Project Bulletin One distributed throughout the CBD – 4,000 copies;

April 2011 Project Bulletin Two distributed throughout the CBD – 4,000 copies;

July 2011 Project Bulletin Three distributed throughout the CBD – 4,000 copies;

November 2011 Project Bulletin Four distributed throughout the CBD – 4,000 copies;

March 2012 Project Bulletin Five distributed throughout the CBD – 4,000 copies;

July 2012 Project Bulletin Six distributed throughout the CBD – 4,000 copies;

Posters, flyers, print advertising and web presence;

Greater Bendigo News 2010, 2011 and 2012 editions – sent to virtually all households in Greater Bendigo each quarter;

Saturday Advertiser placed Greater Bendigo News – various;

Planning approval application statutory advertising notices and public notices;

Various face-to-face meetings with representatives of neighbouring property owners, occupiers and business managers;

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Presentations to various associations including Bendigo Traders Association, Bendigo Business Council and Bendigo Tourism;

Pre-completion tours – Media and others; and

Considerable word-of-mouth.

Photography was commissioned to record the project’s progress. These photos taken from the DHS office at the same spot each month produced a fascinating “time-lapse” record of the project’s construction.

Resource Implications The responsibility for the complex during its “defects liability period” is being held by the City’s Major Projects Unit and operationally the Car Park is being and will continue to be managed by the City’s Parking Team. Once the “defect period” has ended in July 2013, responsibility for the complex will shift to CoGB’s ‘Building and Property’ Unit.

Annual operating costs and revenue streams have all been included in Council’s 2012/13 budget and financial models.

Both tenancies are ahead of schedule in meeting their lease rental commitments.

Although car parking occupancy levels are initially lower than expected, the level of usage is growing progressively as local awareness and familiarisation grows.

City of Greater Bendigo’s Parking Manager indicated to the end of August that approximately 171 vehicles are using the car park on average each day with 40% of parkers leaving before the free 90 minute period has elapsed. We would expect this utilisation figure to have grown during September.

Feedback from users has been very positive with only some minor teething issues reported. These have all been resolved.

There has been no noticeable impact on the Hargreaves St Multi-storey car park or other off-street car parks at this stage.

RECOMMENDATION That the Greater Bendigo Council note the successful design and physical delivery of the Edward Street Car Park and Office Complex.

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4.2 ANNUAL VENUE REPORT THE CAPITAL 2011/12 Document Information Author

David Lloyd, Manager – The Capital / Bendigo Exhibition Centre / Bendigo Town Hall

Responsible Director

Stan Liacos – Director, City Futures

Summary/Purpose The purpose of this report is to provide Council and the community with a brief overview of recent achievements by the team at The Capital – Bendigo’s Performing Arts Centre and an outline of key management and policy pursuits currently guiding the operation of this significant Council-owned and operated facility.

Policy Context “We will 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.”

“We will plan for and manage assets for the benefit of the community.”

Background Information The Capital – Bendigo’s Performing Arts Centre is a significant Council-owned and operated facility. It presents a year-round program of activities comprising cultural and entertainment performances, exhibitions and community arts events across its many and varied venues: • • • • • • •

The Capital Theatre (485-seat) The Bendigo Bank Theatre The Banquet Room The Lanyon Room The Old Fire Station Drama Studio The Old Fire Station Dance Studio and Dudley House

The Capital’s facilities are also available for a range of functions and events including wedding receptions, dinners, conferences, workshops, meetings, rehearsals, exhibitions and displays.

It is also worthy of note that the team at The Capital also manage the Bendigo Exhibition Centre and more recently the Bendigo Town Hall.

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Key Achievements in 2011/12 Key achievements or milestones achieved in 2011/12 include:

Acted as ticketing agent for the White Wedding Dress exhibition, selling 74,012 tickets and the Grace Kelly; Style Icon exhibition selling 143,436 tickets.

•

A total of 190 performances held for the year - a slight increase on last financial year:

•

3,403 patrons attended 10 performances specifically designed for seniors (75 yearsplus)

•

19,000 patrons attended 70 performances specifically designed for young people and families including 3,200 patrons attending 7 major performances by schools and 5,500 patrons attending 27 performances for children;

•

A total of approximately 46,608 tickets excluding external ticket sales sold which is an increase on the previous year

•

Approximately 22,000 patrons attended private or public functions meetings, conferences or forums, a 20% increase on previous year;

•

Assisted with the preparation of the major application lodged with the Federal Government for a new 1,000 seat performing arts centre in conjunction with Bendigo Senior Secondary College;

•

Continued growth of The Engine Room Presents, a performing arts program in the Old Fire Station and to small towns in the region;

•

Continued strong representation of The Capital in State and National forums, including Presidency of the Australian Performing Arts Centres Association, Executive of Victorian Performing Arts Centres Association and selection panellist for the Helpmann Awards (Australia’s premiere Performing Arts awards); and

•

Renewed sponsorship alliances with Bendigo Bank, WIN TV, Arts Victoria and others.

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Resources A summary of income and expenditure for the year 2011/2012 is included below: INCOME ($)

($)

Box Office (Inc External Box Office) Catering, Functions & Hire in Activities Programming Activities (includes State Govt grant of $140,000) Maintenance assistance from Property Dept Basement/Old Fire Station/ Dudley House

575,420 1,087,151 460,802 11,075 41,215

Sub-Total

2,175,663

EXPENDITURE ($) Box Office (Inc External Box Office) Catering, Functions & Hire in Activities Programming Activities Maintenance, Operational and Utilities Misc Sub-Total

491,164 1,196,847 839,247 364,201 20,674 2,912,133 -736,470

Net operational cost Note: Excludes non-cash depreciation.

This was approximately $172,500 more favourable than budget ($909,043) 2011/12 was a challenging year. Although there was a solid increase Hire In Arts activities this has come after a gradual decrease in activity in this area. Feedback has been that this is a trend across the industry and is borne by the need for companies and Government to continuously “tighten their belts� and therefore decrease their corporate function and meeting activities. However, there has been a favourable overall result in the budget and attendances. The majority of this has been due to the extremely favourable result from the ticketing of the Grace Kelly exhibition however most other business areas performed slightly better than budget.

The total income of $2,175,663 was an increase of $444,981 from the previous year.

There was also an increase in expenditure ($204,761) however this was significantly less than the increase in revenue resulting in a favourable net result.

The Capital has a Full-Time Equivalent staff composition of 14.24. This is an increase on last year however this increase was due to the additional staff levels required to staff the ticketing functions of the Bendigo Art Gallery exhibitions. In addition, the team manages a group of 46 invaluable volunteers.

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Current or emerging challenges Current or emerging challenges and priorities for The Capital include: •

Declining function related commercial activity at The Capital due to unavailability of spaces. This is primarily due to the increase in performing arts and associated schools/community activity. The potential of a new theatre at the Gaol Precinct will significantly reduce this challenge. It will provide us with a much greater level of flexibility in programming between various venues.

•

Declining audiences in some traditional theatrical events. This is a challenge across the industry and is likely related to a growing lack of confidence in the economy. We need to adjust our programming to reflect this.

•

The significant under-performance of the Commercial contractor for The Capital and Town Hall has resulted in the termination of their contract. We will be working hard to ensure their successor does not result in the same outcome.

•

The continued challenge of developing new and maintaining existing audiences for the Performing Arts in an increasingly dynamic competitive environment.

Management and Policy Directions Key management principles and policy pursuits currently underpinning our operations and planning include: •

Seeking continued growth in attendances, revenue streams and sponsorships where possible;

•

Utilising the specialist venue management skill of The Capital staff across a number of key Council properties;

•

Continuing to work closely with Bendigo Art Gallery and Bendigo Tourism through specialised ticketing services for Blockbuster exhibitions and special events;

•

Positioning The Capital as one of the premier performing arts centres in regional Australia through strong occupancy levels and innovative programming;

•

Develop marketing strategy and awareness campaign for new theatre;

•

A continued focus on implementing intelligent database marketing models;

•

Continued development of a positive team culture among the staff of The Capital and volunteers; and

•

Adhering to strong customer-focussed principles.

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RECOMMENDATION That the Greater Bendigo City Council acknowledge the performance of the management, staff and numerous volunteers at The Capital – Bendigo’s Performing Arts Centre and their on-going contribution to our regional community and economy.

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4.3 ANNUAL REPORT FOR BENDIGO AND HEATHCOTE VISITOR INFORMATION CENTRES TOURISM 2011 Document Information Author(s)

Kathryn Mackenzie - Tourism Manager Stan Liacos – Director, City Futures

Responsible Director

Stan Liacos – Director, City Futures

Summary/Purpose The purpose of this report is to provide Council and the community with a summary of 2011/12 operations and achievements at the Bendigo and Heathcote Visitor Centres and a general outline of management principals guiding the operation and on-going development of these important Council-owned and operated facilities.

Policy Context Council Plan - “Continue to promote Greater Bendigo as a great place to live, work, invest and visit” Report Key Achievements – Bendigo (and Heathcote) Visitor Centres in 2011/12 Key achievements or milestones achieved at the Bendigo Visitor Centre in 2011/12 include: •

Won the 2011 Victorian Tourism Award for Visitor Information and Services category, entering the Victorian Tourism Awards Hall of Fame (having won three years consecutively) and represented Victoria at the Australian Tourism Awards where the Centre won the 2011 Australian Tourism Award for Visitor Information and Services category for the second year in a row.

•

138,606 visitors were serviced by the Bendigo Visitor Centre in 2011/12 with 109,606 visitors attending the Bendigo Visitor Centre with an additional 29,000 visitors serviced at the Bendigo Railway Station “Welcome Hub” for (White Wedding Dress and Grace Kelly exhibitions) and View Street “Welcome Hub” (Grace Kelly exhibition).

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Bendigo Visitor Centre Visitation 160,000 140,000

Visitation

120,000 100,000 80,000 60,000 40,000 20,000 2007/2008

2008/2009

2009/2010

2010/2011

2011/2012

Year

240,000 unique visitors and users of our web-site bendigotourism.com (41% increase on previous year);

•

$2.47 million in gross sales (a 33% increase from 2010/11) from telephone or on-line accommodation bookings – the highest online sales result in the Bendigo Visitor Centre’s history;

Gross Sales into Local Tourism Industry

•

Bendigo Visitor Centre Gross Sales for the Local Tourism Industry $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $2007/08

2008/09

2009/10

2010/11

2011/2012

Year

•

The Bendigo Visitor Centre Accommodation and Business Services team supported our Winter and Autumn marketing campaigns and sold 371 “packages” for the White Wedding Dress Exhibition and delivered $181,325 business to local tourism operators. 2,464 “packages” were also sold for the Grace Kelly exhibition which also delivered $549,170 business to our local tourism operators.

•

$318,000 gross sales generated (16% increase) from special event and attraction ticketing and retail merchandise – the highest sales result ever; PAGE 135

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Bendigo Visitor Centre Gross Retail Sales Totals

Gross Sales Total

$350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $2007/08

2008/09

2009/10

2010/11

2011/2012

Year

•

Living Arts Space attracted over 33,000 locals and visitors to the four exhibitions held showcasing local and regional artists and craftspeople;

•

Bendigo Visitor Centre received almost 32,000 calls, whilst almost 17,000 outbound calls were made – 49,000 calls in total (35% increase in calls). The overall service level performance (time taken to answer calls against targets) was over 79% which is considered a very good service level;

•

An information stand was continued at the Bendigo Railway Station providing information and visitor services to visitors attending The White Wedding Dress exhibition and Grace Kelly: Style Icon exhibition at Bendigo Art Gallery servicing over 11,000 visitors;

•

A new View Street “Welcome Hub” (visitor servicing stand) was designed and installed to support the Grace Kelly exhibition and installed outside Bendigo Art Gallery. This initiative was very successful with over 18,000 visitors personally serviced by our Bendigo Visitor Centre volunteers;

•

A new three month volunteer program was established for both the White Wedding Dress and Grace Kelly: Style Icon exhibitions, which attracted over 20 new volunteers from the community. This volunteering program was a new initiative addressing the national volunteering trend of only wanting to volunteer for a shorter period of time and was successful. This initiative will now be utilised to develop further short term volunteering opportunities at the Bendigo Visitor Centre;

•

80+ volunteers from the local community were engaged contributing over 15,000 hours of invaluable service for the year;

•

Volunteer Ambassadors continued to meet specific train services into Bendigo, attended over 15 major events delivering visitor information and regularly serviced Welcome Shops across central Bendigo; and

•

Our Volunteer programs were reviewed and continued to be benchmarked against national standards.

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•

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The Heathcote Visitor Centre welcomed approximately 16,200 visitors in 2011/12.

This was in increase on the 14,700 visitors welcomed in 2010/11.

Resources Council allocated $736,233 (net cost) towards the operation of the Bendigo and Heathcote Visitor Centres – with the Centres generating income of $506,700 through accommodation bookings, ticketing sales and retail sales. The Council contribution enables our operation seven days a week 364 days a year; running numerous visitor and community service programs; resourcing approximately 100 volunteers; and the encouragement of many tens of thousands of visitors to increase their purchase of accommodation, attraction and tour bookings.

To support the operation of the Bendigo Visitor Centre and its programs, seven FTE staff are employed to administer the Bendigo Visitor Centre and cover a seven days a week roster. Heathcote has one FTE staff member plus 20 volunteers.

Volunteers clearly play an invaluable role in operating our Centres.

Income ($) 2011/12 Accom. bookings/Special Event Ticketing/Commissions Merchandise sales (includes Heathcote) Sub Total

211,471 295,229 $506,700

Expenditure ($) 2011/12 Visitor Services wages/salaries (Bendigo and Heathcote) Bendigo and Heathcote operational expenses Total internal charges Sub Total Net Operational Cost

601,074 518,446 123,413 $1,242,933 -$736,233

This result was marginally more favourable than budget.

The 2011/12 financial year net operational cost result reflects the extended visitor servicing programs that took place to assist in delivering positive and memorable experiences for visitors attending the White Wedding Dress and Grace Kelly: Style Icon exhibitions.

In 2010/11, the net cost of running the Centres was approximately $700,000.

The Visitor Centre staff and volunteers have worked well in increasing revenue streams and the number of customers/visitors served in recent years.

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Current or emerging challenges – Bendigo & Heathcote Visitor Centres Current or emerging challenges for the Bendigo Visitor Centre include: •

Encouraging more local tourism operators to bundle their accommodation with a range of experiences and work co-operatively with the Marketing and Visitor Services teams to build economic yield;

•

Encouraging operators to understand the commission structures and integrate these into their tariffs to ensure consistency of pricing across all platforms including the Bendigo Visitor Services online environment;

•

National Volunteering sector trends suggesting on-going regular volunteer commitments are reducing in favour of more once off volunteering (e.g. events and campaigns);

•

Employing technology to improve our service delivery and engage new (younger audiences) through the various visitor experiences offered via the Bendigo Visitor Centre;

•

Responding to ever-increasing visitor expectations; and

•

Demonstrating the value and importance of the Centre to the local community and local tourism industry and what it delivers to our regional economy.

Management and Policy Directions – Bendigo Visitor Centre Some key management principles and policy pursuits underpinning our current operations and planning include: •

Maximising commercial opportunities whilst still maintaining a traditional approach to personal customer service;

•

Increasing local community patronage of the Centre through the Post Office Gallery and Living Arts Space (note: our high extent of VFR - Visitors of Family and Friends market – approx 45% of total visitors to Bendigo);

•

Embracing technology to deliver value added visitor experiences through the Bendigo Visitor Centre

•

Customer focussed delivery – our Visitor Centre programs and operations are responding to increased visitor needs and expectations;

•

Consistent need to recruit, retain and train a base of passionate volunteers;

•

Maximising opportunities with major events including Bendigo Art Gallery’s major exhibitions to build greater economic leverage yield to the City;

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•

Maintaining a closer working relationship with our tourism industry members to better assist the development of the tourism industry across the region; and

•

Heathcote and Bendigo Visitor Centres working more co-operatively on a range of initiatives such as website, regional promotions, volunteer policies and merchandising.

RECOMMENDATION That the Greater Bendigo City Council acknowledge the performance, services and outcomes of the Bendigo and Heathcote Visitor Centres in 2011/12 and their ongoing significant contribution to our regional community and economy.

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4.4 ANNUAL VENUE REPORT FOR BENDIGO ART GALLERY AND POST OFFICE GALLERY 2011/2012 Document Information Authors

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

Responsible Director

Stan Liacos – Director, City Futures

Summary/Purpose The purpose of this report is to provide Council and the community with a brief summary of recent achievements by the team at Bendigo Art Gallery and an outline of key management and policy pursuits guiding the operation and future development of this important Council-owned and operated attraction.

Council Plan Policy Context “We will 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” “We will plan for and manage assets for the benefit of the community” Background Information Bendigo Art Gallery is owned and operated by the City of Greater Bendigo. Its foundations were established in 1887 and its art collection is one of national significance.

Historically, the Gallery was operated by a separate company with its own Board of Management until 1995 when an agreement was established for the City of Greater Bendigo (Council) to take over operations, albeit in a collaborative arrangement with the company.

The primary role of the Art Gallery’s Board of Management is to oversee the acquisition of artwork and to manage its bequests. In addition, the Bendigo Art Gallery Foundation was established in 2008 for the purpose of the Board fund-raising to assist with the purchase of art and selectively contribute to various aspects of the Gallery’s operation and development in line with the objectives of the Foundation.

Economic Impact Studies commissioned for Bendigo Art Gallery in recent years have concluded that the net economic contribution of the Gallery to our regional economy typically (and conservatively) is in the order of $20 million each year.

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Key Achievements in 2011/12 Key achievements or milestones achieved in 2011/2012: Attendances at Gallery 350,000

300,000

250,000

200,000 Series1 150,000

100,000

50,000

0 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012

•

Bendigo Art Gallery delivered nine exhibitions across its two venues (Bendigo Art Gallery and Post Office Gallery) which were popular and drew consistent visitation;

•

Record attendance figures were achieved with a total of 314,978 visitors / attendances for the year which was significantly higher than anticipated. This was largely due to the two major exhibitions - The White Wedding Dress and Grace Kelly: Style Icon;

•

The City of Greater Bendigo entered into a partnership with the Victorian Major Events Company that sponsored the two major exhibitions;

•

In addition there was significant and effective collaboration within the City Futures Directorate with the Gallery working closely with The Capital and the Tourism departments with the introduction of on-line ticketing and a strong marketing campaign;

•

Bendigo Art Gallery and the Post Office Gallery offered a diverse range of artistic programs throughout the year: − Beginning in Bendigo: From Humble origins to a captured market, − American Dreams: 20th Century Photography from George Eastman House, − The White Wedding Dress: 200 years of Wedding Fashion, − The Australian Aesthetic: Wedding Dress 1822-2011, − Pride of Place: The First 60 years of building in Bendigo and surrounds, − The Lost Modernist: Michael O’Connell, − Made in Hollywood: Photographs from the John Kobal Foundation,

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− Hidden Worlds: Glimpses from Bendigo’s Forest Street archaeological excavation, − Grace Kelly: Style Icon •

Bendigo Art Gallery continued to maintain and oversee two travelling exhibitions The exhibition Your Move: Australian artists play Chess completed its tour with the final venue in South Australia at the Samstag Museum of Art in 2011. In association with Asialink, the exhibition Shadow life which features contemporary indigenous photographers commenced in Bangkok, Thailand and travelled to Kaohsuing Taiwan.

(This exhibition will be hosted by Bendigo Art Gallery at the conclusion of the international tour during 2013);

•

In terms of the growth of the Bendigo Art Gallery collection in 2011/12, artworks valued at $344,150 were acquired by the Gallery Board Company through purchases from its major bequests and gifts particularly from donors under the Federal Governments Cultural Gifts Program. This represents a very significant contribution to the Greater Bendigo community. At the point of acquisition, these artworks are transferred by the Board to the ownership and care of the City of Greater Bendigo;

•

The Gallery has increased and now maintains a membership of 1,761.

•

Approximately 80 volunteers assisted the Gallery and Post Office Gallery throughout the year, most on an on-going regular basis; and

•

Media and publicity was quite literally “massive” particularly in relation to the major exhibitions with regular editorial and listings in The Age, The Herald Sun, The Australian, The Financial Review, WIN TV News, ABC TV 7.30 Report, Art Nation, Postcards, Bendigo Advertiser and Bendigo Weekly, Radio National, local ABC, National ABC, various in-flight magazines, art journals and tourism industry publications. The international exhibitions also attracted significant international publicity.

Resources The Bendigo Art Gallery is open seven days a week, 364 days per year and this ensured that a consistent quality service delivery occurred.

In 2011/12, Council need to only contribute $87,897 (net cost) towards the operation of Bendigo Art Gallery: Expenditure – 2011/12 Staffing and Administration (exc depreciation) Conservation/framing Shop sales/purchases Education programs Exhibition costs Café (maintenance etc)

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$1,693,999 $5,853 $ 288,678 $82,982 $3,103,548 $11,594 $5,186,654

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Income – 2011/12 Administration Conservation/framing Shop sales Education program related Hire/functions Exhibitions related (e.g. tickets, sponsorships etc) Café rental

Net Cost – 2011/2012

$171,826 $ 25,000 $ 466,820 $ 70,310 $ 5,535 $ 4,336,539 $ 22,727 $5,098,757 $87,897

(exc. depreciation)

This was significantly more favourable than what was budgeted (see below).

The net cost of operating the gallery over the last five financial years is summarised below (excl non-cash depreciation): $1,800,000 $1,600,000 2007/08 budget

$1,400,000

2007/08 actual 2008/09 budget

$1,200,000

2008/09 actual $1,000,000

2009/10 budget 2009/10 actual

$800,000

2010/11 budget $600,000

2010/11 actual

2011/2012 budget $400,000

2011/2012 actual

$200,000 $0 budget

actual

budget

actual

budget

actual

budget

2007/08

2007/08

2008/09

2008/09

2009/10

2009/10

2010/11

actual

budget

actual

2010/11 2011/2012 2011/2012

It is important to note that reasonable fluctuations in net cost can occur each year depending on the scale, nature, timing and success (or otherwise) of exhibitions, associated costs, grant and sponsorship successes, ticket revenues and tourism fluctuations.

There are ten full-time staff, five part-time staff and four casuals working at and for Bendigo Art Gallery. Additional part time or casual staff were employed during the major exhibitions on short term contracts. There were approximately 80 volunteers. There were no significant changes to staffing with the exception of one staff member who took maternity leave in 2012.

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Current or emerging challenges •

During the 2011/12 financial year, the entire collection with the exception of works on display was moved to Melbourne in preparation for the building expansion (currently underway); and

•

The Cafe is continuing to operate as best it can albeit without its entire floor space and a drop in clientele during the current building expansion project.

Management and Policy Directions Some of the key management principles and policy pursuits underpinning the current operations and planning for Bendigo Art Gallery include: •

A commitment to deliver the forthcoming physical expansion of Bendigo Art Gallery, redesign and bring back the collection into a new storage facility on site and re-hang permanent collection in the second half of 2013;

•

Continue to offer a diverse and varied program that showcases exhibitions of national and international significance.

•

Maintain the profile of the Gallery nationally and internationally by creating an iconic destination and visitor experience; and

•

Continue to build upon the permanent collection with a particular focus on contemporary visual art.

RECOMMENDATION That the Greater Bendigo City Council acknowledge the performance of Bendigo Art Gallery in 2011/2012 and its significant on-going social, promotional, cultural and economic contribution to our region.

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4.5 ANNUAL VENUE REPORT BENDIGO EXHIBITION CENTRE 2011/12

Document Information Author

David Lloyd, Manager – The Capital / BEC / Bendigo Town Hall

Responsible Director

Stan Liacos, Director - City Futures

Summary/Purpose The purpose of the report is to brief Council and the community on the 2011/12 financial and operational performance of the Bendigo Exhibition Centre.

Policy Context Promote Greater Bendigo as a place to invest and visit Be responsible stewards of community resources and assets Report Background The Bendigo Exhibition Centre (BEC) is a City of Greater Bendigo owned and managed facility that was built with shared funding from the Victorian Government, City of Greater Bendigo, Bendigo Agricultural Show Society and Federal Government. The Centre, which opened in June 2006, is understood to be the largest clear-span agricultural exhibition space in regional Australia, and is providing a quality venue for large events in Bendigo, particularly agricultural events and trade expos.

The strategic direction of the BEC is currently assisted by an Advisory Committee. At the beginning of the year the membership of the committee was represented by: Brian Hinneberg (Chair) (Council appointed community representative) Cr Bruce Phillips (Councillor) Maurie Sharkey (Bendigo Agricultural Show Society) Kevin Reade (Bendigo Agricultural Show Society) Peter Kennedy (community representative) Peter Vanrenen (Australian Sheep Breeders Association) David Lloyd (CoGB responsible Manager) Observers Stephen Henderson (CoGB venue manager – October 2011) Stan Liacos (CoGB responsible Director)

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During this term Maurie Sharkey stood down from the committee and was replaced by Rod Bowles, Secretary of the Bendigo Agricultural Society.

The day-to-day operation and management of the Centre is overseen by the staff of The Capital – Bendigo’s Performing Arts Centre.

In accordance with the agreement made by Council in January 2006, the operation and ownership of the Exhibition Centre will revert to the Bendigo Agricultural Show Society (BASS) from November 2015.

Since opening, the Centre has secured and hosted a number of impressive events that have attracted approximately 600,000 patron visits to date. Many of these events have been retained as regular fixtures on the BEC events calendar.

Events such as the Australian Sheep and Wool Show and the National Bendigo Swap Meet attract exhibitors and patrons from across Australia each year.

Current situation - Bendigo Exhibition Centre The Bendigo Exhibition Centre has seen a 20% decrease in the number of events albeit with a 16% increase in overall attendances in the last twelve months. The National Beef Show was not held this year for the first time in recent years. We are still experiencing a diverse number of new enquiries and the Centre is well placed to continue to position Bendigo as a major regional destination for expos and events, particularly with respect to the agricultural sector.

Many events are becoming significant ongoing annual events. This type of support is vital to the long term viability of the venue and helps maintain a consistent year round profile.

After now six years of operation, the BEC is well established as a desirable venue for gatherings with a particular focus on agricultural events and is growing in reputation as a venue for trade shows and allied industry events. In summary, events staged during the 2011/12 year included: Date 15-17/07/2011 25-28/07/2011 30/07/2011 6/08/2011 19-21/08/2011 27/08/2011 05-09/09/2011 13-15/09/2011 17-18/09/2011 22-23/09/2011 16/10/2011 21-22/10/2011 05-06/11/2011 11-12/11/2011 26-27/11/2011 18/12/2011

Event

Estimated Attendances

Australian Sheep & Wool show GPS Ag Training Marong Football Netball club Ball Paula Hicks Fundraiser Colourbration Alpaca Roller Derby Water industry operators SAFE Poll Dorset breeders show MWOA conference Enjoy Church Bendigo agricultural show Bendigo Garden Club Spring Flower Show Bendigo National Swap meet Rod stock & custom show Community Carols (wet weather venue)

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21,000 50 300 200 2,000 1,200 1,500 1,500 1,000 360 150 17,000 275 30,000 1,250 1,500

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7/01/2012 04-05/02/12 8/02/2012 11/02/2012 3/03/2012 10/03/2012 28/03/2012 27-28/04/2012 5/05/2012 6/05/2012 12/05/2012 19/05/2012 26/05/2012 02-03/06/2012 16/06/2012 28-29/06/2012

Ordinary Meeting - 17 October 2012

VAS saddle championships Wild Deer and Hunting Expo Lightening Reef PS Kennel clubs dog show Eaglehawk Football Netball Club Bendigo Garden Club Bendigo show society AGM Australian Chrysanthemum show Groovin the Moo Bird Sale Calivil football club dinner I do Ido wedding expo Roller Derby National Homemaker Expo Eaglehawk Football Netball Club Lambex

100 15,000 300 1,000 300 1,000 25 2,000 15,000 1,000 200 1,200 1,200 12,000 300 2,000

No. of events: 32

131,910

At this point in time, some of the scheduled events in 2012/13 include: 07 Jul 20-22 Jul 28 Jul

Marong Football Netball Club Ball Australian Sheep and Wool Show Bridgewater Football Club Ball

07-09 Aug

Vibe Alive

18-19 Aug 28 Aug 31 Aug 3-6 Sep 10-13 Sep 15-16 Sep 20 Sep 22 Sep 26-29 Sep

Colourbration alpaca Show St Lukes Conference Rotary Trivia Night Water Industry Operators Association Conference GPS Ag Training Poll Dorset Breeders Show and Sale Eaglehawk and Lighting Reef Primary Expo Event Roller Derby MWOA Conference Historic Vehicle Event (looking for an alternative date) Girl Guides Trivia Night Bendigo Agricultural Show Spring Flower Show Bendigo Swap Meet Kennel Clubs Dog Show Rod, Stock and Custom Show Jobs and skills Expo Victorian Pig Fair Victorian Rodeo Championships Australian Chrysanthemum Championship Groovin’ the Moo Bird Sale National Beef Show National Homemaker Expo 28

13 Oct 26-27 Oct 10-11 Nov 16-17 Nov 09-10 Feb 16-17 Feb 21-22 March 15-17 April 20 April 26-27 April 4 May 11 May 17-19 May 01-02 Jun

Bendigo Exhibition Centre Committee of Management (BECCOM) The recent review of the CoGB S86 committees has determined that that the BECCOM is a non-compliant committee. It has therefore been recommended that this committee be wound up.

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At the Annual General Meeting of the BECCOM held on 30 August 2012 the committee resolved that the current S86 committee become an Advisory Committee subject to new terms of reference being established.

Benefits to Bendigo and future directions In the last financial year, discussions have continued relevant to the cooperative relationship between The Capital - Bendigo’s Performing Arts Centre staff and Bendigo Agricultural Show Society (BASS) staff on-site. An inherent issue in managing a large venue that exists entirely within an existing active precinct with separate management control continues to hamper reaching best practice targets. These challenges continue to be addressed and processes designed to achieve the best possible outcome for clients being constantly developed, reviewed and updated.

Large regional, interstate and national events attract significant numbers of people, both as exhibitors and visitors to Greater Bendigo. As these events typically run a minimum of two-three days, the region is called upon to provide accommodation, dining and retail facilities. At present, all events staged at the BEC are required to hire almost all furniture and equipment as the Centre presently does not possess these items. This is an extra benefit to Bendigo businesses. The same is true for catering, audio visual services, electrical and other trade services – both small and large jobs are being added to local business’ usual opportunities.

Continued good customer service underpinned by sound management principles and a continued commitment to the venue from the City of Greater Bendigo and BASS will result in the Bendigo Exhibition Centre continuing to grow in reputation and performance.

Resources The Bendigo Exhibition Centre’s annually-improving financial position levelled off in the 2011/12 this financial year. Direct expenditure on running the Centre was $109,868 offset by revenue of $81,342 resulting in a net cost of $28,526 in the 2011/12 year.

Expenditure and Revenue were both slightly down on the previous year resulting in a similar net cost. (see chart below). For various reasons, a couple of the regular annual events were not run this year however are scheduled to return next year. It is anticipated that this will result in a moderately more positive net cost result. There have been a number of new events added to the calendar.

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140,000.00

120,000.00

100,000.00

80,000.00

Revenue Expenditure Net Cost

60,000.00

40,000.00

20,000.00

0.00 2007/2008

2008/2009

2009/2010

2010/2011

2011/2012

When our team assumed management responsibility for the Bendigo Exhibition Centre back in 2006, our aim was to: • • •

Increase the number of bookings and events held at the Centre each year; Reduce the net cost of operating the Centre each year; and Prepare the Centre well for when ownership and operations transfer to the Bendigo Agricultural Showgrounds Society in 2015.

Achieving all of these objectives is generally on track.

Whilst the Centre is still operating at a modest overall net financial cost, it would be fair to conclude that the degree of net cost involved is acceptable in the context of the many millions of dollars of net economic gain generated for our region through visitor attraction, local economic expenditure and promotional benefit for Bendigo.

It is also important to recognise that increasing the revenue generated by the Centre through event rental is fairly limited given: • • •

Some of the biggest and most financially lucrative major events held at the Centre (e.g. Bendigo Show and Australian Sheep and Wool Show) do not pay rent in accordance with agreements made at the point of capital development; The Centre’s setting within the Showgrounds (i.e. “a venue within a venue”); and The limitations on what the Centre was originally designed to achieve (i.e. it was not sited or designed well to act as a general purpose / multi-purpose events venue).

RECOMMENDATION That the Greater Bendigo City Council acknowledge the operational and financial performance of the Bendigo Exhibition Centre and the significant economical and financial contribution it continues to make to our regional community and economy.

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5.

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COMMUNITY AND CULTURE

5.1 COMMUNITY FACILITIES FUNDING PROGRAM - SOCCER FACILITIES Document Information Author

Lincoln Fitzgerald, Acting Manager Recreation

Responsible Director

Pauline Gordon , Director Community Wellbeing

Summary/Purpose The Community Facilities Funding program (CFFP) is an annual grants program provided by the state government. The Soccer Facilities category, which has replaced the “strengthening the world game” grant, supports Councils to upgrade and develop new facilities to maximise their capacity to cater for additional participation in soccer.

Policy Context We will increase the accessibility and availability of public spaces by providing appropriate recreation facilities to meet the needs of the community such as sports facilities, playgrounds and walking trails.

Council Plan Reference: Council Plan 2009 – 2013 Strategy Reference: 1.6. Develop and enhance public places, open spaces and recreation facilities to meet community needs 1.11. Continue to implement initiatives to manage maintain and provide physical assets and infrastructure to meet Community and Organisational needs.

1.11.11 Work with the community to make the best use of assets and facilities through shared use, high levels of use, good maintenance, improved accessibility and replacement programs.

Background Information The Sport and Recreation Victoria (SRV) soccer facilities’ funding is designed to encourage football (soccer) clubs, working in partnership with local government to upgrade or develop new facilities to maximise their capacity to cater for additional participation in soccer. Councils can submit up to two applications with a total maximum funding of $100,000 under the category.

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The funding ratio has been set at an SRV contribution of $1.50 for every local dollar contributed. Council is usually required to contribute funding towards the local component of the project. Clubs who will benefit from the proposed project are expected to make a financial contribution in the area of 10% towards the project.

The City of Greater Bendigo was successful in obtaining funding from this program in 2012/13 for the installation of lighting at Raywood ($33,000) and Huntly ($75,000) Tennis / Netball courts.

The projects are required to be assessed in accordance with criteria as stipulated by the State Government.

The submissions are assessed on the following common criteria: Why? (20%) The extent, to which the planning process responds to community needs and issues, considers community strengthening, meets a gap in local facilities and is supported by Council planning.

How? (20%) The extent to which the project is supported by a project scope, schematic plans, cost estimates ad quotations, able to demonstrate a commitment of all financial resources, addresses issues around OHS and anti discrimination legislation.

Who? (10%) The extent, to which the project involves all stakeholders, is based on broad consultation and is managed by an integrated team.

What will it achieve? (50%) The extent, to which the project increases participation, maximises the use or multi use of a facility, increases the range of sport opportunities and encourages the broadest possible community participation in sport and recreation activities.

Previous Council Decision(s) Date(s): Council has previously considered applications to the Community Facilities Funding program for other grant categories. These included an application to the Major Facilities category (15 August 2012) seeking $650,000 contribution toward the Canterbury Park Central Activity Area and seeking Minor Facilities (26 September 2012) grants for Heathcote Tennis / Netball Lighting, Strathfieldsaye Player Dugouts and replacement of the Garden Gully Hockey wet pitch.

Report The Epsom Huntly Recreation Reserve has been a major project for the City of Greater Bendigo in developing a regional soccer facility recreation precinct for Bendigo and the surrounding regions.

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The Epsom Huntly project has been staged project over several financial years which now includes facilities such as five grassed soccer pitches, one synthetic soccer pitch, two AFL ovals, a minor pavilion with amenities, changerooms and kiosk facilities and a major pavilion with state of the art facilities which include changerooms, office space, commercial kitchen and a large social function area over looking pitch five and the synthetic pitch. In addition landscaping and recycled water infrastructure have all been part of this major development. This represents a total investment in the order of $16million at the reserve.

Outstanding works include the installation of fencing around the reserve, stage 2 landscaping, spectator shelters, additional car parking and roadway, hard paving around the ovals, signage and connection to the Bendigo Creek Linear Trail.

The CoGB may apply for a maximum of $100,000 State Government funding consisting of up to two applications. The City’s application will be for the installation of soccer competition lighting for pitch five. Pitch five is the show pitch of Epsom and would be utilised for high level matches. The addition of lighting to this pitch will increase the ability of the reserve to attract Regional competitions and meet the day to day needs of the local community. Given the regional benefit and cost of this project council officers recommend that Council submit only one application for the full amount of $100,000.

The installation of competition lighting to pitch five at the reserve will increase participation at a junior and senior level over the summer and winter seasons. The reserve currently has seven tenants who use the pitches and ovals. The proposal to install lighting on pitch five will provide further opportunities for increased trainings and competition, distribution of use across the fields, provide premier facilities that meet the soccer lighting standards and furthermore service the community locally and regionally.

Club contribution SRV requested contribution Council Contribution Total estimated project cost

$ 37,500 $100,000 $ 237,000 $ 375,000

Priority/Importance: The Epsom Huntly Recreation Reserve development is near complete with a few projects remaining for completion. This lighting project is a priority project which will complement to newly constructed major pavilion an enhance participation.

This project strongly meets the CFFP soccer facilities guidelines through; • Developing new facilities • Maximise the capacity to cater for additional participation in soccer This project also strongly meets key characteristics of; • • •

Demonstrates innovation in dealing with demand for soccer facilities Developments encouraging sharing of multi use facilities Improved access for female participation PAGE 152

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Options/Alternatives: The CoGB will submit one application under the soccer facilities category. Council officers believe the installation of competition lighting on pitch five at Epsom Huntly to be a priority project to service the current and future user groups of the reserve, support soccer throughout regional Victoria and additionally the application strongly meets the criteria of the 13/14 grant round.

Commencement Date: If successful, funding would be made available to the CoGB from 1 July 2013. Subject to council budget deliberations an optimistic construction timeline could be September 2013 with completion June 2014.

Progress: As part of developing the Epsom Huntly Regional Recreation Reserve the power supply was upgraded to meet the needs of a fully constructed facility. As this project is part of the reserve master plan, electricity supply capacity is available for the project.

Risk Analysis: The local clubs of the Epsom Huntly Recreation Reserve have been consulted in regard to the proposed project. A detailed lighting design and costing is currently been sought from a qualified lighting engineer for the proposed works.

If funding is not obtained to support this project Council may not be in a financial position to complete construction. There is a community expectation for the City to complete all aspects of this premier facility and if the project is not supported it could result is a loss of reputation for the CoGB. Consultation/Communication Internal Consultation: Recreation Staff Presentation and Assets – Project Manager External Consultation: Sport and Recreation Victoria Epsom Soccer Club Bendigo Amateur Soccer League Lighting Design Engineer - Richard Dluzniak Commencement Date Submissions are due to Sport and Recreation Victoria on 31 October 2012 and projects may commence from 1 July 2013.

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Resource Implications Club contribution SRV requested contribution Council Contribution Total estimated project cost

$ 37,500 $100,000 $ 237,000 $ 375,000

These implications would need to be supported for inclusion as part of the 2013/2014 capital works program.

Budget Allocation in the Current Financial Year: Previous Council Support: Epsom Huntly Regional Recreation Reserve has been developed as a green fields site.

The facilities have been developed progressively over the past several years. In 2011/2012 the City developed a new major pavilion at the reserve. No capital funding has been allocated for improvements at these facilities in 2012/2013.

External Funding Sources: This funding application seeks $100,000 from the State Government and 10% of the cost from the two key user groups of this pitch.

It should also be noted that Epsom Soccer Club have committed $25,000 toward improvements at the reserve in the 2012/13 financial year which will limit their ability to contribute toward the project.

Current Estimate or Tender Price: The total estimated cost of this project is $375,000.

Conclusion The CoGB is eligible to submit a grant application to the State Government seeking up to $100,000 income for the 2013/2014 financial year. The strongest application for the soccer facilities category is installation of competition lighting on pitch five at the Epsom Huntly Recreation Reserve.

If Council commits to submitting an application and it is successful a City of Greater Bendigo contribution will be required in the 2013/2014 financial year.

Attachments Nil

RECOMMENDATION That Council support the funding application to install lighting to Pitch 5 of the Epsom Huntly Regional Recreation Reserve and support the necessary Council contribution for inclusion as part of 2013/2014 budget.

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5.2 REGIONAL STRATEGIC PLAN (RSP) - SOUTHERN REGION ANNUAL REPORT 2011/2012 Document Information Author/ Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose To consider the Loddon Mallee (South) Regional Strategic Plan (RSP) Annual Report 2011/2012.

Policy Context The Council’s involvement in the development of sub-regional plan is part of the 20092013 Council Plan … Community and Culture … successful advocacy and partnerships.

Background Information In the Loddon Mallee Region there are two sub-regional plans (North and South) to inform future development, service provision, infrastructure, social, environmental and economic requirements of the region. The Loddon Mallee Regional Development Australia Committee and the Loddon Mallee Regional Managers Forum, including representatives from the Councils in the region, have been working closely with the development of each plan.

The two sub-regions in the Loddon Mallee Region are: Southern, covering the five municipalities of Greater Bendigo, Loddon, Central Goldfields, Macedon Ranges and Mount Alexander.

Northern, covering the five municipalities of Campaspe, Gannawarra, Swan Hill, Buloke and Mildura.

The implementation of the Regional Strategic Plans has been led by a dedicated Project Control Group with support from specialised consultants. The Project Control Group was established as a sub-committee of the Loddon Mallee Regional Managers’ Forum.

The implementation of the Loddon Mallee RSP has involved extensive input from a range of organisations, individuals and agencies across the region and state. This included detailed Technical Working Groups, Strategic Leaders, and Local Government groups of Mayors and CEOs. The RSP deliberately focuses on regional scale issues and directions. The plan therefore does not deal with specific local issues nor does it promote strategies and actions where they are matters that are generally shared across regional Victoria.

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In the Southern sub-region, the following significant comparative advantages were identified:

It has, and is expected to maintain strong, sustained population growth

Bendigo is now the leading regional service centre for a large area of northern Victoria and including into southern NSW.

The region is now regional Victoria’s lifestyle-liveability region.

The region’s population growth can be catered for in a wide range of settlement types

From these and identified challenges, the following six strategic directions identified for action: 1. Manage our population growth and settlements 2. Strengthen our communities, especially our small towns 3. Strengthen and diversify our economy 4. Improve our infrastructure 5. Improve education and training outcomes 6. Protect and enhance our natural and built environment Report In the past year progress has been made on significant strategic projects that are set to transform liveability and increase opportunities across our region. The projects helped bring together and organise key people, identify projects, look at options and impacts, find resources and funding and then empower local people to take the lead.

Significant progress has been made in: • • • • • • • • •

Maturing five transformative Regional Change Strategies. (see below) Responding to the Murray-Darling Basin Plan.

Developing our regional city of Bendigo.

Responding to the unique advantages of our Goldfields Heritage areas.

Defining the Loddon Mallee South Regional Growth Plans.

Successfully advocating for the National Broadband Network.

Developing our infrastructure, such as natural gas.

Improving community connectedness and individual wellbeing through improved transport, youth partnerships, and health prevention.

Increasing investment into the region through grants from the Regional Development Australia Fund (RDAF).

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The most significant addition to the Regional Strategic Plans are the five Regional Change Strategies. In August 2011 members of the Regional Development Australia Committee and the Regional Management Forum nominated large or linked projects that had truly regional ramifications, could act as change catalysts, were unique or delivered across multiple regional strategies. Five strategies were nominated: • • • • •

Railing Ahead Transformative Towns Bendigo - Our Networked Regional City Solar and Renewable Energy Industry Ports of the Murray River

Each one pulls together locations and strategic themes from across the north and south RSPs seeking to transform a critical aspect of the Loddon Mallee region. They are our region’s point of difference, the ideas that speak about what makes us stand out and what makes us special.

Railing Ahead The aim is to improve the extensive but disjointed rail network in order to provide highly efficient, low carbon passenger and freight transport.

Transformative Towns Transformative Towns aims to create shared understanding of the changing nature of small towns and settlements, and how they can best transform to meet their future needs.

Solar and Renewable Energy Industry This Regional Change Strategy aims to advance the development of a ‘big’ solar and renewables industry through collaborative regional action.

Ports of the Murray River Ports of the Murray provides a regional response to the opportunities of transforming people’s knowledge and awareness of the Murray River and opportunities to engage with river assets, environs and communities. (This project is more aligned with the northern plan).

Bendigo - Our Networked Regional City Bendigo - Our Networked Regional City aims to develop opportunities to deliver on Bendigo’s regional role of being a great regional city and resource.

Successful Advocacy for our region’s priorities This year the Loddon Mallee region was successful in securing $17.95 million funding from Round 1 and Round 2 of the Regional Development Australia Fund (RDAF) for three priority projects.

Sandhurst Theatre RDAF contributed funding of $12.3 million to secure the Sandhurst Theatre.

Mildura Riverfront Development (Northern region project) RDAF provided $4.8 million to this project.

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Redevelopment of Wedderburn Community Centre The $1.75 million redevelopment of the Wedderburn Community Centre.

The RDA Committee also sponsored the investigation and development of a number of key projects including the National Goldfields Heritage Region Development Plan.

Regional research papers generated this year included: Options for Freight and Passenger Development; small towns service delivery models, and small town typology research; Development of Renewable Energy Industries in North West Victoria and the Regional Economy project and profiles.

During 2011-2012, the Department of Planning and Community Development (DPCD) approved more than $57.9 million in funding for 369 grants and programs across the Loddon Mallee Region.

This included four year allocations such as contributing almost $21 million to the ten local councils via the Local Government Infrastructure Program and $800,000 for the Regional Community Leadership Program. It also included more than $1.5 million in 18 Putting Locals First projects, $5.6 million towards flood recovery to help replace infrastructure and support community and business, and more than $2 million committed to 251 sport and recreation grants.

Strengthening Regional Engagement Julie Miller Markoff commenced work in November 2011 as the Stakeholder Engagement Officer facilitating the implementation of the plans.

Consultation with regional stakeholders identified areas to strengthen and improve in strategies and plans, and how they are sponsored and implemented.

Resource Implications There are no direct financial implications arising from this report. The cost of participating in RSPI activities is covered as part of the RSP program. Funding for the sub-regional plans is provided by Regional Development Victoria to the Bendigo City Council on behalf of the total Loddon Mallee region.

It is expected each Council will continue to participate as stakeholders in some of the initiatives within the plan, where appropriate.

The CEO of the City of Greater Bendigo is an active member on the Loddon Mallee Regional Managers' Forum and a member of the Loddon Mallee Regional Development Australia Committee.

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Conclusion The Council’s involvement in the development of the Loddon Mallee Regional Strategic Plans is important in the future development and sustainability of the region. The RSPs provide an opportunity and mechanism for Council to contribute to and influence change in the broader region, ensuring that the priorities and aspirations of their communities are recognised, heard and promoted.

The key challenge will be in the on-going implementation of the plans and ensuring the ongoing involvement of key stakeholders.

Attachments 1.

Regional Strategic Plan (Southern Plan) Annual Report 2011/2012.

RECOMMENDATION 1.

That Council consider the Loddon Mallee Regional Strategic Plan (Southern) Annual Report 2011/2012 and actions representing the aspirations and key strategic directions required for a prosperous, liveable and sustainable region.

2.

That Council commits to ongoing involvement in the implementation and ongoing future refinement of the Plan and the planning process.

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6.

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OUR PEOPLE, OUR PROCESSES

6.1 ACCOUNTS PAYABLE AND CONTRACTS AWARDED UNDER DELEGATION Document Information Author

Janet Worthington, Accounts Payable Officer Leeanne Taig, Administration Assistant, Contract and Project Coordination

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to provide information on accounts payable issued under delegation and contracts awarded under delegation.

Policy Context Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability.

Report Cheque Nos.

155166

to

155279

$445,634.69

Electronic Funds Transfer

088549

to

089252

$6,512,917.27

The pre-payments as listed above totalling $445,634.69 and Electronic Funds Transfer $6,512,917.27 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 2556

2449

Project Safe Transport Space Construction of Toilet and Shelter Electrical Supply to the Thales Industrial Subdivision

Ordinary Meeting - 17 October 2012

Successful Contractor

Value (GST Excl)

Delegated Officer

Date Signed

Walsh Builders

701,364.00

Craig Niemann

13/09/2012

122,930.00

Richard Morrison

18/09/2012

&

O’Meara

Underground Systems Pty Ltd

Cable

2562

Asphalt & Gravel Paths – Bendigo Botanic Garden

Ian Evans Creative Landscapes (IECL)

232,805.00

Darren Fuzzard

19/09/2012

2569

O’Keefe Rail Heathcote Pathway

Monigatti Cartage Pty Ltd

79,215.57

Darren Fuzzard

20/09/2012

2550

Tree Planting and Maintenance Service

Citywide Service Solutions Pty Ltd

Schedule of Rates

Darren Fuzzard

20/09/2012

Trail – Gravel

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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6.2 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 - 17 October 2012

Meeting Information Councillors' Forum Wednesday September 12, 2012 1. Draft Design and Cost for Eaglehawk Playspace 2. Sale of the former Advertiser building 3. Community Theatre 4. Planning statistics 5. Annual Report of the Audit Committee 6. Budget Policy for Major Capital Works 7. Crusoe School Oval 8. Consultation meetings 9. Defined Benefits 10. Motorbikes 11. Update on staff 12. Poker machines 13. Review of Native Vegetation legislation 14. Swimming pools 15. Bendigo Aquatic Centre 16. Showground's buildings 17. Protection of Assets Permits 18. Application for units in Nolan Street 19. Walking and cycling tracks 20. Tannery Lane Reserve landscaping 21. Regency Park 22. Safe Transport Space 23. Allingham Street playspace 24. Traffic at Kangaroo Flat Primary School 25. Defined Benefits Taskforce 26. Nomination for Council 27. BendiMo 28. Library 29. Planning for the transition from the 2008/12 Council to 2012/16 Council 30. Caretaker issues Attendees/Apologies Cr Alec Sandner Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Barry Lyons Cr Bruce Phillips Cr Keith Reynard Apologies: Cr James Reade Cr Lisa Ruffell Craig Niemann Rachel Lee Marg Allan PAGE 163

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Prue Mansfield Darren Fuzzard Debbie Thewlis Peter Davies Alison Campbell Apologies: Ms Pauline Gordon Mr Stan Liacos Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Nil

Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Meeting Information Steering Committee - Thematic Environmental History Tuesday September 18, 2012 1. Review of Thematic Environmental History submissions 2. Issues and next steps Attendees/Apologies Cr Peter Cox Emma Bryant Nick Byrne Andrew Cockerall Prue Mansfield Dannielle Orr David Bannear Sue Pilley Megan McDougall Apologies: Sandra Bruce

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Nil

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Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 17 October 2012

Meeting Information Councillors' Forum Wednesday September 19, 2012 1. Planning matters and draft Ordinary Meeting agenda review 2. Gillies/Crystal Ice Planning Scheme Amendment 3. Swimming pools 4. Community Theatre VCAT Appeal 5. CBD rubbish bins 6. Strathfieldsaye supermarket proposal 7. Strathfieldsaye Recreation Reserve 8. Native Vegetation Review 9. Low income energy efficiency program 10. Heathcote entrances 11. Traffic accidents 12. CBD paintwork 13. Golfing strategy 14. Heathcote supermarket 15. Central Deborah Mine dewatering 16. Stormwater 17. Poultry auctions 18. Insurance for Australia Day events 19. Dr Harry Little Kindergarten 20. Weeds on roadsides 21. Drainage works - Emu Creek Road 22. Lockwood Community Committee 23. Bradford Road 24. Affordable housing at Huntly 25. Mitchell Street redevelopment proposal 26. Annual Report 27. Wastewater management at Raywood 28. Animal Control Attendees/Apologies Cr Alec Sandner Cr Rod Campbell Cr Peter Cox Cr Rod Fyffe Cr Barry Lyons Cr Bruce Phillips Cr James Reade Cr Keith Reynard Apology: Cr Lisa Ruffell Craig Niemann Darren Fuzzard Stan Liacos Marg Allan Prue Mansfield PAGE 165

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Debbie Thewlis Peter Davies Alison Campbell Apology: Pauline Gordon Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Nil

Meeting Name/Type Meeting Date Matters discussed

Councillors Staff/ Community Representatives

Meeting Information Heritage Advisory Committee Thursday September 20, 2012 1. Planning update 2. Applications for demolition 3. Heritage restoration loan applications 4. Amendments 5. Heritage Advisers' report 6. HAC Terms of Reference 7. Restoring our Heritage 8. Greater Shepparton HAC visit 9. Mount Alexander Shire Heritage Strategy update 10. Strategy update 11. Draft of Local Planning Policy 12. Update on English Heritage 13. View Street butcher shop 14. Cast Iron collection 15. House on corner of Olinda Street & Palmerston Square 16. Bendigo Historical Society item 17. 1/4 Marina Court Attendees/Apologies Cr Peter Cox Emma Bryant Dannielle Orr Helen Ashby Elaine Doling Jordan Grenfell Kay MacGregor Megan McDougall David Mulqueen Rod Spitty Norm Stimson Darren Wright Apologies: Laurie Brown Peter Ellis Di Smith

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Conflict of Interest disclosures Matter Councillor/community representative Councillor/community No. making disclosure representative left meeting Nil

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

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6.3 PROPOSED COUNCIL MEETING DATES FOR REMAINDER OF 2012 Document Information Author

Peter Davies, Manager Executive Services

Responsible Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to set meeting dates for the remainder of the 2012 Council term and assist facilitate the transition from the 2008/2012 Council to the 2012/2016 Council.

Policy Context Demonstrate good governance.

Report A considerable amount of planning is required for the transition to the 2012/2016 Council and it is necessary to have some indication of meeting dates for the remainder of the 2012 year.

It is proposed that the following Ordinary Council Meeting dates and Special Meeting date be adopted. The Meetings will continue to be held in the First Floor Reception Room, Bendigo Town Hall, commencing at 6.00pm.

2012 Special Meeting: November 5 (Monday) (To Induct the 2012/2016 Council, Elect the Mayor for 2012/2013 and consideration of Mayoral and Councillor allowances) Ordinary Meetings: November 14 December 5 December 19 Consultation/Communication A letter will be forwarded to all candidates about these meeting dates and other key activities proposed after the Election. If any of the meeting dates and times are not suited to successful candidates, there is capacity to alter the dates after the Election.

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Resource Implications Statutory advertising of the meeting dates is accommodated within the current budget.

RECOMMENDATION That the Ordinary Meeting of Council dates for the remainder of 2012 and the Special Meeting, as outlined in this report be confirmed and advertised.

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6.4 BENDIGO TRUST ANNUAL REPORT 2011/2012 Document Information Author

Tom Seddon, CEO Bendigo Trust Travis Harling, Finance Manager

Responsible Officers

Marg Allan, Director Organisation Support Craig Niemann, Chief Executive Officer

Summary/Purpose The purpose of this report is to provide Council and the community with a summary of the 2011/12 achievements by The Bendigo Trust and Bendigo Science & Technology Museum Inc. Policy Context Council Plan 2009 - 2013 (2012) 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.

Background Information The Bendigo Trust was formed in 1970 when the then City of Bendigo called for a community committee to be formed to oversee restoration and operation of Central Deborah Gold Mine. The Trust was incorporated as a public company limited by guarantee in 1973 when it took responsibility for the Bendigo tram depot and fleet. In 2001, the City of Greater Bendigo (COGB) facilitated the Trust to take on management of Discovery Science & Technology Centre (the Trust and Discovery remain legally distinct), and in 2007 COGB facilitated the transfer of management of the Chinese Joss House in Finn Street from the National Trust of Victoria to The Bendigo Trust. The Trust also has a caretaker role at Victoria Hill and the former Bendigo Gasworks.

As a general rule the Trust owns the trams and the documentary, artefact and machinery collection while Council owns (or controls) the buildings, sites and infrastructure.

The City of Greater Bendigo representatives on the Board of the Bendigo Trust are Cr James Reade and the Chief Executive Officer, Mr Craig Niemann.

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Report Key Achievements in 2011/12 Key achievements or milestones achieved in 2011/12 include: • Near-completion of the $3.2m Tramways Avenue Depot overhaul and workshop extension. At 30 June 2012, only a few specific items remained incomplete. An extraction system in the paint shop ($30,000) has been finished post 30 June.

The project is being audited by the Trust’s auditors, AASB, prior to submission of the final report due in September to Regional Development Victoria in relation to their $1.5m contribution to the project.

• A return to a small surplus for the year, and a substantial improvement in cash position following completion of the sale of 80 Creek Street.

• Discovery began receiving an operating grant ($50,000 per annum) from the Victorian State Government.

• Workshops in Discovery’s Lab continued to grow, with 2,357 participants in 2011/12 (just on 2000 the previous year).

• The Joss House was open seven days per week in 2011/12, and attendance growth reflected this. Visitation has more than doubled since 2009/10 and tripled under the five years of the Trust’s administration.

• Central Deborah won the Victorian award for Cultural & Heritage Tourism.

• Works on the first two Melbourne W class trams for Yarra Trams/Public Transport Victoria began in earnest.

• A tramways crew travelled to Hobart City to fit bogies and other mechanicals to two trams for Hobart Council. There is also a reasonable prospect of substantial tram workshop projects in 2012/13 locally and from New Zealand.

• Capital works projects in 2011/12 were dominated by the tram depot project.

Other capital projects included improvements to the front of Central Deborah Gold Mine’s reception building, safety-related works underground on Levels 6 – 9, ore bin restoration and, unexpectedly, preparations for rising groundwater as a result of Unity Mining abandoning the Swan Decline.

Central Deborah General Public Bendigo Tramways General Public Discovery Centre General Public Joss House General Public Groups & Schools All Sites Total

Visitors 11/12 21,108

Visitors 10/11 21,029

Visitors 09/10 23,382

33,363

33,519

34,292

37,561

31,799

18,267

18,524

15,159

16,102

14,167

5,177

3,927

2,976

3,244

2,500

29,478

29,116

22,659

27,377

23,655

107,393

106,115

98,468

107,642

95,746

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Visitors Visitors 08/09 07/08 23,358 23,625

Our People, Our Processes - Reports

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Bendigo Trust Patronage 40,000 35,000 30,000 Visitors

25,000 20,000 15,000 10,000 5,000 0 07/08

08/09

09/10

10/11

11/12

Years Central Deborah

Bendigo Tramways

Discovery Centre

Joss House

Groups & Schools - All Sites

Resources - Bendigo Trust / Bendigo Science & Technology Museum Inc. Expenditure Employee Benefits Wages Superannuation Workcover Total Employee Benefits Supply Items Food & Beverages Merchandise Admissions & Marketing Costs Materials Total Supply Items Other Expenses Administration & General Contract Works Contribution to Capital Works — Depot Utilities Insurance Repairs & Maintenance Telephone Other Total Other Expenses Finance Costs Depreciation Audit Fees Total Expenses PAGE 172

2011/12 $ 1,670,019 145,342 10,240 1,825,601

2010/11 $ 1,787,400 156,211 7,947 1,951,558

46,518 122,626 146,611 6,497 322,252

41,840 114,146 100,125 90,658 346,769

189,491 250,824 675,290 84,723 34,612 115,667 16,319 1,180 1,368,106 963 224,212 5,400 3,746,534

161,805 319,471 1,913,493 126,795 30,910 114,310 13,621 702 2,681,107 1,093 251,719 5,250 5,237,496

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2011/12 Income Revenue from Operating Activities $ Admissions 1,275,455 Employment & Training Incentives 6,505 External Works 396,908 Food & Beverage 30,394 Functions Revenue 147,669 Government Funding 113,092 Interest Received 9,955 Local Government Funding 290,000 State Government Funding 100,000 Merchandise 248,790 Profit on Sale of Assets 101 Other Income 32,239 Reimbursement for Contract Works 120,000 Rental Income 11,780 Sponsorship 68,013 Sub-Total Revenue from Operating Activities 2,850,900 Revenue from Capital Purpose Income Commonwealth Government Capital Grant 750,000 Reserve Gain / (Loss) (69,000) Sub-Total Revenue from Capital Purpose Income 681,000

2010/11 $ 1,154,480 21,000 397,669 25,054 80,504 103,325 21,885 290,000 0 230,197 13,501 41,894 370,000 11,440 61,451 2,822,370 1,200,000 11,473 1,211,473

Total Revenue

3,531,900

4,033,843

Operating Result Surplus / (Deficit)

(214,634)

(1,203,653)**

** The reported deficit for 2011 is due largely to the works being undertaken at the Depot.

Resources - City of Greater Bendigo Expenditure

2011/12 $ Operating Grant - Bendigo Trust 250,000 Operating Grant - Joss House 10,000 Operating Grant - Victoria Hill 10,000 Operating Grant - Bendigo Science & Technology 40,000 Community Grant 5,471 Property Maintenance - Bendigo Science & Technology 3,173 Capital Expenditure - Trust Upgrade Works # 584,827 903,471

2010/11 $ 250,000 10,000 10,000 40,000 0 14,125 497,086 821,211

Total Cost to Council

821,211

903,471

Balance of Loan to Bendigo Trust *

300,000

300,000

# Includes Track Maintenance $57,000 and Dewatering Project $90,000 * Loan re-payments to commence in July 2012 PAGE 173

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Current or emerging challenges Current or emerging challenges for The Bendigo Trust include: • The decision by Unity Mining Ltd in December 2011 to abandon the Swan Decline places the continued existence of Central Deborah Gold Mine (and to some degree the Trust as a whole) in acute jeopardy. Funding has been secured sufficient to install pumps and keep the mine open in the short term, however the question of ongoing costs and long term disposal of water (as well as the consequences for the city and downstream water users if this does not occur) in the longer term remain unresolved.

• The Tram Tour remains largely as conceived in 1972. This is primarily because the huge costs of additional stops or changes/additions to the route. However, tourist attractions which do not evolve cannot help but become stale.

• Most of the exhibits on Discovery’s main floor date from the opening of the Centre in 1995. While they are maintained, and many exhibits have been built since then, on the whole the exhibit hall requires a substantial renewal. Fundraising was expected to be hard and so only $20,000 of an estimated $200,000 requirement is in hand.

• There is no annual allocation for maintenance of Discovery’s building, and attempts to raise philanthropic support have not been successful. Discovery is often forced to close on hot days in summer and on very wet days because of lack of temperature control and building leaks.

Management and Policy Direction Key management principles and policy pursuits proposed for the next few years include: •

•

The Trust has been run to its Strategic Plan 2008 – 13, which is supplemented by site-specific strategic plans: Discovery 2009 – 14, Bendigo Tramways 2010 – 15, and Central Deborah Gold Mine 2010 – 15. Each year a Business Plan (incl budget) is prepared which addresses the goals and specific tasks set out in the Strategic Plan. The Strategic Plan will be replaced by a rolling three-year plan in March 2013.

A capital works program (funded by Council, the Trust itself, other levels of government and philanthropic trusts) aims to balance heritage conservation, site safety, utility/business development, and aesthetics as well as the competing requirements of the various managed sites. Projects for 2012/13 include:

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The Bendigo Trust Capex Projects 2012/13 Central 1)Pumps project above at 2.1 ($400,000 State $540,000 Deborah and Commonwealth grants, and $140,000 capex) 2)Ventilation via North Deborah Shaft (Yr 1 of $44,000 2)† 3)Overhaul cages in mine shaft $10,000 4)Fence CDGM perimeter† $25,000 Bendigo 1)Overhead works north of Tramways Ave $33,000 Tramways 2)Workshop improvements & equipment $61,000 purchases 3)Depot improvements relating to interpretation $40,000 and visitor safety 4)Boundary fence, jointly w/ Woollen Mills $5,000 5)Restoration of outdoor staff & volunteer $12,000 space 6) Renewal of Tramways Assets† $80,000 Discovery Lab Upgrade (funded by Gandel Philanthropy) $42,000 † These projects are dependent on additional funds not being required pumping project.

Q1-2

Q3-4 Q3-4 Q3-4 Q3 Q1 Q1 Q1 Q1 Q3-4 Q1-2 for the

RECOMMENDATION That the Greater Bendigo City Council: 1.

2.

accept the report of the Bendigo Trust and request a quarterly report on its operations. support the role of the Bendigo Trust in providing and managing a variety of historical and educational facilities, on behalf of Council and the citizens of the City of Greater Bendigo.

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6.5 GOLDFIELDS LIBRARY CORPORATION ANNUAL REPORT 2011/2012 Document Information Author

Travis Harling, Finance Manager

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to provide Council and the community with a summary of 2011/12 achievements by the Goldfields Library Corporation.

Policy Context Council Plan 2009 - 2013 (2012) 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.

Background Information The North Central Goldfields Regional Library Corporation (Goldfields Library Corporation) was established in January 1996. It provides library and information services to the City of Greater Bendigo, Loddon Shire Council, Macedon Ranges Shire Council and Mount Alexander Shire Council.

The Goldfields Library Corporation comprises of ten libraries (4 in Greater Bendigo) and one mobile library. The service reaches a population of over 175,000, has a collection of over 300,000 items, lends over 1.6million items per annum and employs 49 FTE staff.

Responsibility for the provision and management of the Library Service rests with the Board of the Corporation, which meets bi-monthly and, comprises two representatives from each of the four member Councils.

Report Key Achievements in 2011/12 Key achievements or milestones achieved in 2011/12 include: • • •

Total number of visits 2011/12 reached 998,140 an increase of 1.7% (981,809 2010/11); Total number of loans reached 1,710,945 an increase of 2.6% (1,668,232 -2010/11); Planning for the refurbishment of the Corporations Headquarters and Bendigo Library;

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‘Rolling Stock’ was launched at Castlemaine, and is a collection of books available for commuters to help themselves to, for reading during their train trips; Extended opening hours at Eaglehawk and Castlemaine Libraries; Reported a Comprehensive Financial Result of a deficit of $649,749, however this represented a surplus of $48,637 prior to accounting for the Defined Benefit Superannuation Call (2010/11 $305,441).

Capital Expenditure of $1,050,092.

Resources Goldfields Library Corporation

2011/12 $

2010/11 $

Expenditure Employee Benefits (e.g. wages) Plant & Equipment Depreciation Administration & Maintenance Other Expenses Total Expenses

3,929,584 262,254 1,012,137 337,702 254,173 5,795,850

3,033,864 292,069 908,533 170,203 321,779 4,726,448

Income Member Contributions Grants User Fees, Charges and Fines Interest Net Profit on Disposal of Assets Other Income Total Income

3,512,672 1,135,831 281,461 198,574 0 17,563 5,146,101

3,364,390 1,150,610 249,673 186,822 30,787 49,607 5,031,889

Operating Result Surplus / (Deficit)

(649,749)

305,441

No. 21 No. 62 No. 49

No. 19 No. 58 No. 48

2,105,902 417,745 89,932 106,089 46,102 43,996 3,494 1,714 2,814,974

2,017,772 0 101,217 108,371 44,911 59,189 6,072 3,522 2,341,054

Staff Full-time Part-time FTE Resources City of Greater Bendigo Expenditure Library Contribution Share of Library Net Deficit Utilities Depreciation Cleaning Maintenance Security Other Expenses Sub Total

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Income Share of Library Net Profit Other Income Sub Total Net Cost to CoGB Net Cash Contribution by CoGB

0 28,594 28,594

171,961 40,364 212,325

2,786,380 2,262,546

2,128,729 2,060,722

Items Borrowed within City of Greater Bendigo Items borrowed from Library branches within CoGB

160000 140000

No. of Items

120000 2008-09

100000

2009-10

80000

2010-11

60000

2011-12

40000 20000 0 Bendigo & RHQ

Heathcote

Kangaroo Flat

Mobile/Eaglehaw k

Branches

Number of Members within City of Greater Bendigo No of Members per Library branch within the CoGB 50000 45000

No. of Members

40000 35000 2008-09

30000

2009-10

25000

2010-11

20000

2011-12

15000 10000 5000 0 Bendigo & RHQ

Heathcote

Kangaroo Flat

Mobile/Eaglehaw k

Branches

Note 31,332 members across the Corporation were archived in July 2011 – if their membership card hadn't been used for three years.

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Number of visits within the City of Greater Bendigo Number of visits per branch within the CoGB 600000

No. of Visits

500000 400000

2008-09 2009-10

300000

2010-11 2011-12

200000 100000 0 Bendigo & RHQ

Heathcote

Kangaroo Flat

Mobile/Eaglehaw k

Branches

Number of loans within the City of Greater Bendigo Number of loans per branch within the CoGB 700000 600000

No. of Loans

500000 2008-09 400000

2009-10

300000

2010-11 2011-12

200000 100000 0 Bendigo & RHQ

Heathcote

Kangaroo Flat

Mobile/Eaglehaw k

Branches

Current or emerging challenges Current or emerging challenges for the Goldfields Library Corporation include: • •

Maintenance of State Government funding towards annual operating expenditure of the Corporation.

Continue to develop services that maximise opportunities for all members of the communities, the needs of growing communities and community requirements in Eaglehawk.

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Ordinary Meeting - 17 October 2012

Continue to work with member councils to provide services in a safe, welcoming, enjoyable, and purposeful environments.

Continuation of funding of possible Defined Benefit Superannuation Calls.

Providing library services at a temporary location while undertaking the redevelopment of the Bendigo Library.

Management and Policy Direction Key management principles and policy pursuits proposed for the next year include: • • • • •

Ongoing long term financial planning.

Ensure appropriate service levels to the community.

Provide, review and renew library policies and procedures.

Continuation of good governance, transparency and accountability to member Councils.

Work with COGB to undertake a major redevelopment of the Bendigo Library and Regional Headquarters. GLC has committed $1M to this project in its forward financial plan including $500,000 in the 2012/13 draft budget.

The Goldfields Library Corporation remains in a strong financial position to meet its financial commitments moving forward.

RECOMMENDATION That the Greater Bendigo City Council acknowledge the positive performance of the Goldfields Library Corporation and the service it provides to the local and regional community.

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6.6 BENDIGO STADIUM ANNUAL REPORT 2011/2012 Document Information Author

Travis Harling, Finance Manager

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to provide Council and the community with a summary of 2011/12 achievements by the Bendigo Stadium Ltd (BSL) and an outline of the future direction of the organisation.

Policy Context Council Plan 2009 - 2013 (2012) 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.

Background Information The Bendigo Stadium is a major asset of the City of Greater Bendigo, hosting weekly community sporting programmes along with major sporting and entertainment events.

The facilities include seven indoor sports courts, major exhibition and function areas, licensed clubroom and associated administration facilities, and is recognised as the best venue of its type in regional Australia.

The Stadium attracts over 10,000 patrons each week for domestic basketball and volleyball, major sports events, concerts, dinners, conventions, trade shows and special events. It operates as a sports venue for regular domestic and regional volleyball and basketball competitions and as a licensed club catering for 6,000 members.

The Bendigo Stadium Limited operates the Bendigo Stadium in Inglis Street West Bendigo and the Borough Club in Eaglehawk. There are currently 40 electronic gaming machines at the Borough Club and 75 at the Bendigo Stadium, providing a significant source of income.

Council previously agreed to provide bank loan and overdraft guarantees totalling $3,031,987 on behalf of the BSL. The outstanding loan liability is currently $2,390,744.

There is an agreement in place with BSL which enables financial oversight and provides for one COGB representative on the BSL Board, currently Cr Lyons, as well as representation on the BSL Finance Committee by the Director Organisation Support and the Manager Finance.

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Report Key Achievements in 2011/12 Basketball The following teams participated in the three seasons of 2011/12: Winter 10 Seniors 140 Teams Juniors 196 Teams Total 336 Teams

Winter Summer Total Summer Winter 11/12 11 11 10/11 10/11 148 129 417 146 148

Winter 12 154

Total 11/12 448

204

223

623

205

204

200

609

352

352

1040

351

352

354

1057

Total team entries increased by 1.6% for the period (1.2% for 2010/11).

The increases are minimal this year because the Stadium is near capacity in the main hours of 4pm to 10pm Sunday to Friday inclusive. A telling statistic is that out of 250 junior teams registered with the BBA only 25 of them get to train at the stadium because of a shortage of court time. The vast majority pay for court usage at a variety of other venues, as well as the Stadium.

Events Several of the major events held during 2011/12 are as follows: Event Latrobe Graduation BRIT Graduation Watchtower Convention Australian Goldfields Snooker Competition Australian Opals v Brazil basketball match Junior Classic Tournament VNL Melbourne Vixens v Adelaide Thunderbirds Catholic Education Dinner Girton Speech Night School Sports Australian Volleyball titles Celtic Thunder

No of Attendees 4,250 3,500 3,500 2,700 2,000 2,000 2,000 1,800 1,800 1,500 1,200

Total attendees at Events held during 2011/12 were 32,980. There has been a steady increase in attendances at Events over the years. The table below shows this trend.

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Annual No. of Attendess at Events 34000 32890

33000 32000 31000 30310 30000

29500

29000 28000 27000 2010

2011

2012

Key achievements or milestones achieved in 2011/12 include: • 20% increase in Net Profit for the year from $309,529 to $372,419.

• Increased patronage of the stadium’s food and beverage areas with the bistro serving 50,000 meals and making a profit for the first time in its history.

• Basketball and Volleyball participation has grown.

• The Bendigo Braves won their conference premiership last spring.

• The Stadium successfully hosted many exciting new events including: 1.

2.

3.

4.

5.

World Series Snooker Championships Celtic Thunder International concert The Melbourne Vixens Vs. the Adelaide Thunderbirds Netball Game.

Catholic Education sit down dinner for 1,800 guests The Australian Opals Vs. Brazil Basketball game.

Cash Donations made by the BSL to Community Groups in 2011/12 $ 250 520 140 217 500 475 653 1,500 210 520 685 2,400 417 226 296 168

GCNA Strathfieldsaye FNC Bendigo Health Found GCLC Tiffany Murray Trust Brumbies Netball Club Strathfieldsaye BC Spring Gully Cricket Club GCLC G/Square Bowling Children's Ward Auxiliary Emu Valley Cricket Assoc Bendigo Tennis Assoc West Bendigo Cricket Club Sth Bendigo Athletics Club Golden City Netball Assoc PAGE 183

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Muppetts On Wheels U14 BBA Boys Team Strathfieldsaye FNC Golden City Netball Assoc Bendigo Community Foundation

1,700 197 458 234 35,684

Sub Total

$47,450

In Kind Donations made by the BSL during 2011/12 Provision of Facilities (or other benefits) at subsidised prices or no cost:

Bendigo Spirit (All facilities, courts, function, rooms) Basketball Victoria Country Titles Creche (supporting mid week netball) Sideline Basketball Challenge Braves' Clinic in Schools Program Bendigo Netball Association Gaming Patrons (Friday Night Food) BBA Admin and Support Bendigo Basketball Clubs (Meeting Rooms) Netball Office and Storage Volleyball Office Special Needs Group Netball Annual General Meeting Netball Admin and Support Sub Total

$ 25,000 9,500 3,500 5,000 3,000 3,700 3,000 3,500 1,500 1,500 2,500 900 300 200 $63,100

Total Donations

$110,550

Resources BSL Financial Performance 2012

2011

Expenditure

Employee Benefits (e.g. wages) Cost of Goods Sold Administration Advertising and Promotion Depreciation Repairs & Maintenance Borrowing Costs Other Expenses Sub Total

$ 2,951,625 837,797 710,164 162,230 401,693 186,165 182,769 825,497 $6,257,940

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$ 2,745,307 777,213 683,908 243,526 305,593 132,334 175,314 705,170 $5,768,365

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Income

Tabaret Commission Kiosk, Bistro and bar Sales Sporting Fees Sponsorship Events Income Training Income Interest Income Other Income Sub Total

$ 2,890,841 2,213,562 735,545 220,250 231,144 65,095 46,352 227,570 $6,630,359

$ 2,935,389 1,780,290 609,838 140,823 292,443 86,673 35,716 196,722 $6,077,894

Net Result

$ 372,419

$ 309,529

Resources City of Greater Bendigo financial contribution to the BSL operations Expenditure Depreciation Maintenance Consulting ** Sub Total

219,227 3,561 22,065 $244,853

211,179 11,112 0 $222,291

Rent Contribution ** Sub Total

1,124 23,420 $ 24,544

$

1,124 0 1,124

Net Cost to CoGB Net Cash Contribution by CoGB

$ 220,309 $ 1,082

$ 221,077 $ 9,988

Income

** Consulting relates to costs for The Stadium Master Plan, the amount included in 2012 is only part payment of the total cost. Please note the Bendigo Stadium is contributing financially to this project Current or emerging challenges Current or emerging challenges for the BSL include: • Managing the continually rising and competing demand for the venue and services.

• Managing the gaming operations for the first time in our history due to the State Government legislating to remove Tabcorp and Tatts as gaming venue operators.

• Keeping costs under control with rapidly rising rates, energy costs, water charges, insurance costs and the knock-on effects of the carbon tax.

• Managing much larger cash flows and costs as a part of the new gaming regime.

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Exceeding successes in the Bistro, Café/Bar, Canteen, Sports division and major events.

Bringing to fruition the Board's vision for a new stadium and function facilities.

More courts need to be brought on-line in a timely fashion.

Management and Policy Direction Key management principles and policy pursuits proposed for the next few years include: • BSL has chosen to self-manage its gaming operations under the new gaming regime commencing August 2012. This strategy will maximise the return to the stadium, enabling significantly more funds to be retained in Bendigo for the benefit of the local community.

• BSL has studied and plans to adopt industry best practice with the services it provides. It is currently drawing up plans for the implementation of the ‘best practice’ regime.

• The Board has supported the drawing up of a master plan for the Bendigo Stadium site. The plan needs to be completed and actioned in close cooperation with the CoGB. • The Board seeks to increase the court space available and provide additional function facilities at the West Bendigo site to cater for growing demand.

RECOMMENDATION The Greater Bendigo City Council recognise the strong performance of BSL and its contribution to Bendigo through providing quality sporting and event facilities contributing to positive economic, tourism, health and fitness outcomes in the Bendigo community.

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7.

URGENT BUSINESS

Nil. 8.

NOTICES OF MOTION

Nil. 9.

COUNCILLORS' REPORTS

10. MAYOR'S REPORT 11. CHIEF EXECUTIVE OFFICER'S REPORT 12. CONFIDENTIAL (SECTION 89) REPORTS Nil.

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