AGENDA Ordinary Meeting of Council 6.00pm Wednesday 12 February, 2014
*** Broadcast live on Phoenix FM 106.7 ***
VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo
NEXT MEETING: Wednesday 5 March, 2014 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au
PAGE 1
Council Vision Our residents can live healthy and satisfying lives in our vibrant City and region, confident in its growth and future.
Council Purpose and Values Councillors have made a commitment in their Code of Conduct to working and leading together in:
Making informed, balanced and objective decisions Acting honestly Taking responsible financial decisions Ensuring good governance Being inclusive in their activities and sharing information with others Learning from each other Respecting each other's undertakings Being respectful in their interactions with others Communicating clearly about decisions that have been made Fulfilling their undertakings and being clear when this is not possible Working positively with the media to ensure community members are provided with accurate information
Themes
Planning for Growth Liveability Productivity Sustainability Good Governance and Decision-Making
PAGE 2
ORDINARY MEETING WEDNESDAY 12 FEBRUARY 2014
ORDER OF BUSINESS: ITEM
PRECIS
PAGE
ACKNOWLEDGEMENT OF COUNTRY
5
PRAYER
5
CODE OF CONDUCT
5
PRESENT
5
APOLOGIES
5
SUSPENSION OF STANDING ORDERS
5
PUBLIC QUESTION TIME
5
RESUMPTION OF STANDING ORDERS
6
CR LYONS’ REPORT
6
DECLARATIONS OF CONFLICT OF INTEREST
7
CONFIRMATION OF MINUTES
8
1.
PETITIONS AND JOINT LETTERS
8
2.
PLANNING FOR GROWTH
9
2.1
Planning Scheme Amendment C204 - Fortuna Consideration of Submissions
9
2.2
Adoption of Planning Scheme Amendment C195 - Ham & Allingham Streets, Golden Square Following Panel
18
2.3
Planning Scheme Amendment C175 and Planning Permit for Airport Redevelopment - Authorisation Request
24
2.4
153-163 Lockwood Road, Kangaroo Flat - Staged Subdivision of Land into 45 Lots, the Removal of Native Vegetation and Alterations to a Road Zone Category 1 (Lockwood Road)
45
2.5
21 Plumridge Street, White Hills - Subdivision of the Land into 17 Lots
59
2.6
Road Reserve Outside 41 Edwards Road, Jackass Flat Removal of Native Vegetation
74
2.7
90 Mundy Street, Kennington - Demolition of Existing Dwelling and Construction of a New Single Storey
81
PAGE 3
Dwelling 2.8
Response to Joint Letter: Proposed Development at 24 Bannerman Street, Bendigo
94
2.9
Response to Petition Re: Condition of Drain Adjacent Rosedale Village in High Street, Kangaroo Flat
96
3.
LIVEABILITY
100
3.1
Economic and Social Impact Submission to the Victorian Commission on Gambling Regulation: The Shamrock Hotel
100
3.2
Naming Bendigo's New Community Theatre
111
4.
PRODUCTIVITY
115
4.1
Sale of Council Owned Land - 24-26 Pall Mall, Bendigo (Former Bendigo Mining Exchange)
115
5.
SUSTAINABILITY
124
6.
GOOD GOVERNANCE AND DECISION-MAKING
125
6.1
Record of Assemblies
125
6.2
Audit Charter
131
7.
URGENT BUSINESS
139
8.
NOTICES OF MOTION
139
9.
COUNCILLORS' REPORTS
139
10.
MAYOR'S REPORT
139
11.
CHIEF EXECUTIVE OFFICER'S REPORT
139
12.
CONFIDENTIAL (SECTION 89) REPORTS
139
12.1
Personnel and Contractual Matter
139
____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER
PAGE 4
Ordinary Meeting - 12 February 2014
ACKNOWLEDGEMENT OF COUNTRY PRAYER CODE OF CONDUCT PRESENT APOLOGIES
SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the conduct of Public Question Time.
PUBLIC QUESTION TIME Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to ask questions of broad interest to Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through its Customer Request System. By the time planning matters have reached the council agenda, they have been through an extensive process as required by the Planning and Environment Act. In addition, in most instances mediation has been held between the parties involved. Throughout the process there are many opportunities for the people to ask questions. Therefore, no questions relating to planning matters on the Agenda will be accepted. Public Question Time – Where, When And Who The public question time is held at every Ordinary Meeting of Greater Bendigo City Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo. The public question time is held at the start of the meeting as close as practical to 6:00pm. A maximum of 30 minutes has been provided for registered and unregistered questions. Residents are encouraged to lodge questions in advance so that a more complete response can be provided. Questions will be put to the Council by the individual posing the question; the question will be answered by the Mayor or CEO, or where appropriate, Councillors or Council Officers.
PAGE 5
Ordinary Meeting - 12 February 2014
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.
CR LYONS’ REPORT
PAGE 6
Ordinary Meeting - 12 February 2014
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.
PAGE 7
Ordinary Meeting - 12 February 2014
CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 22 January, 2014. The following items were considered at the Ordinary Council meeting held on Wednesday 22 January, 2014 at 6:00pm. Petition: Request for Disability Access Path between the Harcourt Street Car Park and Leo Hartney Pavilion at Ewing Park Petition: Wolstencroft Reserve Master Plan 46 Nolan Street, North Bendigo – Construction of Four Dwelling and Four Lot Subdivision 48 Hodgson Street, Eaglehawk – 2-Lot Subdivision of Land Response to Petition – Marong Swimming Pool Country Football Netball Program Grant Application Review and Amendment of Road Management Plan Record of Assemblies Contracts Award Under Delegation Progress Report Independent Review Implementation Section 89 Confidential Report: Contractual Matter
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 22 January, 2014 as circulated, be taken as read and confirmed.
1.
PETITIONS AND JOINT LETTERS
Nil.
PAGE 8
Planning for Growth – Reports
2.
Ordinary Meeting - 12 February 2014
PLANNING FOR GROWTH
2.1 PLANNING SCHEME AMENDMENT C204 - FORTUNA CONSIDERATION OF SUBMISSIONS Document Information Author
Emma Bryant, Co-ordinator Policies & Processes
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Exhibited Amendment details:
Rezone land known as Fortuna at 22-48 Chum Street, Golden Square from part Public Use Zone 7, part General Residential Zone (formerly Residential 1 Zone) and part Special Use Zone 3 to Comprehensive Development Zone, apply an Environmental Audit Overlay and remove the Neighbourhood Character Overlay from a small portion of the site.
Proponent:
Provincial Matters on behalf of Fortuna Villa Pty Ltd.
No. of submissions:
6 (one late, one since withdrawn)
Key issues:
Recommendation:
Council adopt the recommendations detailed for each of the submissions in this report and request the Minister for Planning to appoint an Independent Panel to consider the outstanding submission.
Heritage protection and management Contaminated land management Noise from possible outdoor events High density residential development Traffic management Exemptions to notice and appeal rights
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. Sustainability
PAGE 9
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
ď‚ˇď€ Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets. Background Information The key steps in the Amendment process are summarised below:
Amendment and Planning permit application prepared
Council decides whether to seek Ministerial Authorisation
Public Exhibition of Amendment and permit application
Submissions received
Council requests an Independent Panel to consider submissions
We are at this point
Council decides to Adopt or Abandon the Amendment
Send to Minister for Approval and Gazettal and issue of Planning permit
The Amendment to rezone Fortuna was initiated as the site is now in private ownership and no longer government owned. Due to the special significance of the site, a tailored Comprehensive Development Zone was selected to provide for a range of uses, such as accommodation, boutique retail and residential, that will support the economic viability of the site while retaining and respecting the heritage features. The Zone requires that prior to any residential development occurring on the site, further development plans and design guidelines will need to be prepared. The previous mining and army uses have resulted in extensive contamination on the site, therefore an Environmental Audit Overlay was proposed to be applied and exhibited to ensure that the contamination is mitigated before being used for residential and other sensitive uses. The Environment Protection Authority has since requested a different planning tool as discussed later in the report. A Neighbourhood Character Overlay which currently covers a small portion of the site is also proposed to be removed.
PAGE 10
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The key objectives of the Amendment are: Retention of heritage buildings and places; Ensuring that any new development respects and enhances the Villa and its significance; Providing for uses that will allow the Villa to be viewed and accessible by the public and enhance the sustainability and viability of the new private ownership. The site, except for the Bush Block, was included on the Victorian Heritage Register on 5 December 2013. Previous Council Decisions 10 July 2013 - Council resolved to make a submission to Heritage Victoria regarding heritage objectives and the proposed registration for the site. 31 July 2013 - Council resolved to adopt a submission to the Heritage Council on the Heritage Victoria Registration of the site. The main recommendations were that buildings 8f and 8g (Defence printing buildings) be protected and that the Registration discuss subdivision and interpretation. 23 October 2013 – Council resolved to request authorisation from the Minister for Planning to prepare and publicly exhibit the Amendment for one month. Report An Explanatory Report is attached and details the purpose, effect of the Amendment and provides the strategic justification for the Amendment as required. Key issues identified in the Explanatory Report are summarised below. Land affected by the Amendment The subject site is located at 22-48 Chum Street, Golden Square. The Amendment applies to a 7.569ha parcel of land located on the north east corner of Chum and Booth Streets in Bendigo known as 22-48 Chum Street, Golden Square. The land is made up of two titles: the main Fortuna block and the ‘Bush Block’ further east along Chum Street. The site is currently zoned Public Use Zone 7 (PUZ7), with a small portion of land in the east on Booth Street zoned General Residential and the bush block zoned Special Use Zone 3 Telecommunications (SUZ3). The main Fortuna Villa title is covered by a Heritage Overlay and is on the Victorian Heritage Register. The small portion of residential zoned land is also affected by a Neighbourhood Character Overlay. The main site is occupied by a number of buildings, the main being the Fortuna Villa.
PAGE 11
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The site has frontage to Chum Street to the south, Booth Street to the west and has residential interface at the Marble Street entrance to the north. The north and north-west of the site is surrounded by established residential areas, most of which are currently within the General Residential Zone. Abutting the site on its eastern boundary is the Southern Cross Television Station site, included in a Special Use Zone 3. On the south side of Chum Street, opposite the subject site is vacant land, whilst further south east are medical facilities.
Figure 1: Existing zones 22-48 Chum Street, Golden Square
What the Amendment does Rezone land known as Fortuna at 22-48 Chum Street, Golden Square from part Public Use Zone 7, part General Residential Zone and part Special Use Zone 3 to Comprehensive Development Zone, apply an Environmental Audit Overlay, remove the Neighbourhood Character Overlay from a small portion of the site, include the new incorporated document “Fortuna Comprehensive Development Plan September 2013” and replace the existing Schedule 1 (Bilkarra) to the CDZ, which is currently an error in the Scheme as the Bilkara development no longer exists, to Schedule 1 (Fortuna).
PAGE 12
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Consultation/Communication Exhibition Procedures The Amendment was exhibited for one month from 14 November 2013 to 16 December 2013. Notice was provided in the following manner: Individual notices to owners and occupiers of land affected by the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act. Public notice of the Amendment in the Bendigo Advertiser on 12 November 2013 and 16 November 2013. Publication of the notice of the Amendment in the Government Gazette on 14 November 2013. Access on-line. A public information session was also held and attended by approximately 30 people. Submissions Six submissions were received in total with one now withdrawn. Five were received during the exhibition period, a late submission was received from the EPA due to a mailing error. Four submissions were from referral authorities and 5 requested changes.
Submitter
Supports / Objects
Officer response and recommendation Adequate heritage protection as approvals required from Heritage Victoria, and development plan to be approved by City. Acknowledge that it is important that uses are viable but cannot be controlled by Planning Scheme. No change to Amendment required.
P A Thwaites
Original submission objected. Concerns regarding adequate heritage protection for the Villa and grounds, long term economic viability of some proposed uses and car parking. Submission withdrawn via email 08/01/2014 following discussions. Coliban Region Neutral, no comments to No change Water Corporation make. required. North Central Support. No change Catchment required. Management Authority
PAGE 13
to
Amendment
to
Amendment
Planning for Growth – Reports
Submitter
Ordinary Meeting - 12 February 2014
Supports / Objects
VicRoads - Support subject to changes Northern Region to the Comprehensive Development Zone schedule: require a Traffic Impact Assessment report to be prepared to the satisfaction of VicRoads and the responsible authority for any use, subdivision and buildings and works applications, change to schedule 3 (instead of 1 as 1 already in use). Environment Support subject to changes Protection being made. Remove the Authority proposed EAO and instead place contaminated land management requirements in an Environmental Significance Overlay or in the CDZ schedule. Also include in CDZ schedule a decision guideline on the adequacy of any response to audit statement conditions, and the exact land description of contaminated. R Purtill on behalf Object. of local residents Noise from outdoor (6 other events, car parking from signatories). events, suggested adding guidelines from Clause 13.04
Officer response and recommendation Changes made to Amendment as requested except schedule numbering. Retain CDZ1 for Fortuna as Bilkurra land no longer zoned CDZ1: error in the Scheme. VicRoads satisfied.
The EAO requires that prior to any sensitive use occurring on the site, a certificate of audit must be issued. This certificate has already been issued with numerous management conditions required. Agree that EAO therefore not appropriate tool and that the CDZ schedule can be amended to implement audit conditions. Change to amendment. Due to importance and complexity of this issue, recommend referring submission to panel for review. Outdoor events need to comply with planning scheme and EPA requirements. Clause 13.04 requires that State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 be considered with a planning application. No change to Amendment.
Development of the site for Development plan must be aged care or high density prepared before any residential, impact on residential development neighbours. occurs, recommend changing schedule so proposed plan available for public comment for 28 days. Change to Amendment. PAGE 14
Planning for Growth – Reports
Submitter
Ordinary Meeting - 12 February 2014
Supports / Objects
Officer response recommendation
and
Traffic impacts on Booth Marble Street too steep to Street, recommend using use, a Traffic Impact Marble Street. Assessment report must be prepared with the development plan to the satisfaction of City and VicRoads. No change to Amendment. No third party notice and Third Party notice and appeal rights for planning appeal rights are generally a permit applications standard exemption in the (building and works, use CDZ, as the Development and subdivision). Plan is released for public comment. A Development Plan must be approved prior to the issue of a permit for subdivision, or buildings and works, unless of a minor scale that is listed in the zone provisions. Change to zone, for exhibition of development plan for 28 days, but no proposed changes to third party rights. Exemptions for buildings and works permit in Villa precinct
Schedule stating that a permit may be granted for buildings and works not in accordance with development plan
Buildings and works in Villa Precinct will require approval from Heritage Victoria so permits not required from City. This is to allow for minor works to occur in Precinct 2 prior to development plan being completed. Change planning scheme to state that a permit may be granted for minor works and maintenance prior to development plan being prepared. Some changes to Amendment recommended. Some matters outstanding, refer submission to independent panel.
PAGE 15
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Discussions were held with the two original objectors and as a consequence one objection has been withdrawn. Discussions also held with VicRoads and EPA to confirm issues and response. The key issues for this Amendment are the change of use of the site, protection of heritage values, management of contaminated land and the impact of redevelopment on surrounding areas. Conclusion It is recommended that Council support the officer recommendations and make the changes to the Amendment as discussed to address submitters’ concerns. Also recommend that Council request the Minister for Planning to appoint an Independent Panel to consider the outstanding submission. Options 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. Section 22(2) of the Planning and Environment Act 1987 advises that Council has the option of accepting late submissions, but must do so if requested by the Minister for Planning. Resource Implications The Amendment will introduce extra permit triggers into the Planning Scheme but this is to be expected with such a large development site in a prominent location. The resources used to assess these applications will be offset by fees and increased economic development. Officer time will be required to prepare the Amendment documentation for panel. The proponent has agreed to pay the statutory fees and extra costs incurred by the City for holding the panel as per the Policy for private Planning Scheme Amendments adopted by Council.
PAGE 16
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Attachments
Submissions (6) and withdrawal Explanatory report Revised Comprehensive Development Zone schedule Heritage Victoria map of registration Comprehensive Development Plan
RECOMMENDATION That the Greater Bendigo City Council resolve to: 1. Accept the late submission from the Environment Protection Authority. 2. Adopt the officer recommendations detailed for each of the submissions in this report; and 3. Request the Minster for Planning to appoint an Independent Panel to consider the outstanding submission and the submission from the Environment Protection Authority.
PAGE 17
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.2 ADOPTION OF PLANNING SCHEME AMENDMENT C195 - HAM & ALLINGHAM STREETS, GOLDEN SQUARE FOLLOWING PANEL Document Information Author
Alison Kiefel, Council Project Planner
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Amendment details:
Rezones part of 41-45 and 47-65 Ham Streets, and all of 195 Allingham Street, Golden Square to Industrial 3 Zone and applies the Environmental Significance Overlay to the Allingham St property.
Proponent:
Conceptz Town Planners for landowners
No. of submissions:
6 with 1 referred to panel
Key issues:
Noise, devaluation of property and concern for wildlife in area with increased vehicle movements.
Recommendation:
Council adopt Amendment 195 to the Greater Bendigo Planning Scheme, with changes as recommended by the Panel, and request Approval from the Minister for Planning.
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. Background Information The key steps in the amendment process are summarised below:
PAGE 18
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Amendment prepared
Council decides whether to seek Ministerial Authorisation
Public Exhibition of Amendment
Submissions received
Council requests an Independent Panel to consider submissions
Council decides to Adopt or Abandon the Amendment
We are at this point
Send to Minister for Approval and Gazettal
Conceptz Town Planners, on behalf of landowners (QME (Quarry and Mining Engineering) and GEM Uniform Services), enquired about rezoning 47 – 65 Ham and 195 Allingham Streets to Industrial 3 Zone from General Residential Zone (formerly Residential 1 Zone) to allow expansions of QME and to reflect an existing land use at GEM Uniform Services. The neighbouring lot in Ham Street was added to the rezoning proposal after consultation. Previous Council Decisions 6 March 2013 – Council resolved to request authorisation from the Minister for Planning and to exhibit the amendment. 11 September 2013 - Council resolved to request the Minister to appoint an independent panel to consider the submissions made to the amendment. Report The attached Explanatory Report details the purpose and effect of the amendment and provides the strategic justification for the amendment. Key issues identified in the Explanatory Report are discussed below.
PAGE 19
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Land Affected by the Amendment
Figure 1 - Properties for rezoning outlined and objector marked with star.
The Amendment affects land on the northern side of Ham Street, between Coonooer and Allingham Streets which is a mixed use area of residential and industrial. The three properties affected are 195 Allingham Street, 41-45 Ham Street and 47-65 Ham Street, Golden Square. The sites are generally flat and cleared of vegetation. The surrounding sites on the northern side of Ham Street are also in dual zoning of residential and industrial. The south side of Ham Street is predominately Low Density Residential Zone and Residential 1 Zone. 195 Allingham Street contains an existing industrial laundry business which has mostly developed all the site under existing use rights. 47-65 Ham Street is utilised for manufacturing of mining and quarry machinery. The rear of the site is utilised for storage and the business wishes to expand closer to the road. 41-45 Ham Street contains an existing dwelling and a large workshop at the rear. What the Amendment does The Amendment proposes to rezone land at 195 Allingham Street and parts of 41-45 and 47-65 Ham Street, Golden Square, from General Residential Zone (formerly Residential 1 Zone) to Industrial 3 Zone;
PAGE 20
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Consultation/Communication Exhibition Procedures The Amendment was exhibited for one month from 23 May 2013 to 24 June 2013. Notice was provided in the following manner: Individual notices to owners and occupiers of land affected by the Amendment. Notices to prescribed Ministers under Section 19(1)(c) of the Planning and
Environment Act. Notices to all authorities materially affected under Section 19(1)(a) of the Act. Public notice of the Amendment in the Bendigo Advertiser on 22 May 2013 and 25
May 2013. Publication of the notice of the Amendment in the Government Gazette on 23 May
2013. Access on-line.
Six submissions were received during the exhibition period, with 2 of these objecting to the Amendment. Following exhibition, consultation occurred with one of the neighbouring submitters, and the submission was later withdrawn. We also invited the other submitter, J Woods to consultation, however we had no response. This 1 submission was therefore referred to the Independent Panel. The key issues raised by the submitter included: Existing noise, and rezoning will cause additional noise Devaluation of their property Impact on wildlife from increased traffic. All submitters will be notified of Council’s decision resulting from this report. The Panel Hearing The Minister for Planning appointed an Independent Panel to consider the Amendment. The Hearing was held on 4 December 2013. The Panel has considered all written and oral submissions and material presented to it in connection with the Amendment. The Panel Report and Recommendations The Panel Report was received on 3 January 2014 and contained one recommendation. In summary, the Panel has supported Council’s position in majority. Under Section 26 of the Planning and Environment Act 1987, the Panel Report was automatically released on 31 January 2014 to the public 28 days following its receipt. It is suggested that the following Panel recommendation be accepted. Delete the exhibited [application of the] Environmental Audit Overlay from 195 Allingham Street, Golden Square.
PAGE 21
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The Environmental Audit Overlay (EAO) was proposed to be applied to the Allingham Street property as it is used for a commercial laundry/dry cleaners, which is a high risk contaminate use. The EAO is triggered when a planning permit for a sensitive use (eg. childcare centre) is required. The Panel found that due to the unlikely probability that the site would be used for a sensitive use given the existing use and development of site, and the proposed Industrial Zoning, that the application of the EAO is not necessary. Officers agree with this recommendation. Conclusion It is recommended that Council adopt the Amendment with changes, and forward the adopted Amendment to the Minister for Planning to approve. This will complete the Amendment process and the zones will be changed. Options Council has the option of: Adopting the Amendment in accordance with the Panel’s recommendations and sending to the Minister for Planning for Approval. Adopting the Amendment in without applying the recommendations of the Panel and sending to the Minister for Planning for Approval. The reason for not accepting Panel’s recommendation must be substantiated. Abandoning the Amendment under the Planning and Environment Act 1987. There is no right of review of a council's decision not to support the Amendment. Resource Implications Officer time will be required to prepare the Amendment documentation for adoption and liaise with the Minister for Planning. The proponent has agreed to pay for the statutory fees and extra costs that were incurred by the City for holding the panel as per the Policy for private Planning Scheme Amendments adopted by Council. Attachments Submissions (1) Explanatory report. Panel report.
PAGE 22
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
RECOMMENDATION That the Greater Bendigo City Council resolve to: 1. Adopt Greater Bendigo Planning Scheme Amendment C195 with changes. 2. Forward the adopted Amendment to the Minister for Planning for Approval, together with the prescribed information pursuant to Section 31(1) of the Planning and Environment Act, 1987.
PAGE 23
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.3 PLANNING SCHEME AMENDMENT C175 AND PLANNING PERMIT FOR AIRPORT REDEVELOPMENT - AUTHORISATION REQUEST Document Information Author
Alison Kiefel, Council Projects Planner
Responsible Director
Prue Mansfield, Director Planning and Development
Summary/Purpose Amendment details:
This amendment implements the Bendigo Airport Strategic Plan and Bendigo Aerodrome Master Plan for development of a larger runway and Business Park at the current Bendigo Airport. The Amendment will rezone purchased land for the Airport use, amend the Zone to include range of uses at the Airport reserve, facilitate a Business Park and apply various overlays to support the operation of a new runway.
Proponent:
City of Greater Bendigo
Key effects:
Ensures an airport for the growing population and region; Caters for more flights and larger aircraft; Supports key air based medical and emergency services to the region; Improved accessibility intra and interstate; Increase in economic diversity and outputs; Generation of employment, industry and business Vegetation removal and lopping; Redirection of Heinz Street; Noise associated with the new runway and impact of planning controls on private properties; Revised flight path and resultant height restrictions on private property; and Amenity impacts associated with the Business Park and new development within Airport.
Recommendation:
Council request the Minister for Planning to authorise the preparation and exhibition of Amendment 175 to the Greater Bendigo Planning Scheme, and commence the assessment of the planning permit.
PAGE 24
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Significant projects that will transform the City over time are completed as planned: o Continue planning for Bendigo Airport redevelopment (Airport and Business Park) by finalising the Planning Scheme Amendment and lodging funding submissions. Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. A Snapshot of Priorities for the Greater Bendigo Community requiring Australian and Victorian Government support 2013/2017, includes support for the redevelopment of the Bendigo Airport. Investment in the Airport is identified as a priority action in the Loddon Mallee Regional Strategic Plan (Southern Region). The Amendment will enhance opportunities for aviation and transport related business and employment such as: Commercial and corporate aviation; Flight training and recreational aviation; Potential compatible business such as warehousing; Potential regular public transport; and Aircraft maintenance and potential avionics support. Background Information The Bendigo Airport is located in East Bendigo off Victa Road. The Airport has two runways, 17/35 – north/south (paved) and 05/23 - south west/north east (partially paved), numbered in relation to their magnetic direction. The City of Greater Bendigo took on full responsibility to develop and maintain the Airport in 1992 through a Deed with the Commonwealth, which released the Commonwealth from paying development and maintenance grants. Without a substantial upgrade there is a risk that the status of the Airport may be downgraded, which would reduce the size of aircraft that can be accommodated, specifically the ability for emergency services to operate fixed wing aircraft. The Amendment responds to this need and supports Bendigo Airport to expand its current regional role including: Being a central point for emergency and other public services, ambulance, police and for aerial inspections of electricity infrastructure; Playing a critical role in fire operations and the co-ordination of bio-security responses at the State and local levels; Playing an important role in pilot training; Accommodating aircraft used for charter flight, business, recreation, tourism uses. There are two key components to the redevelopment of the Bendigo Airport:
PAGE 25
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
1. A new main runway (17/35 – north/south) will: Accommodate larger aircraft (common regional aircraft of 19 -70 seats); Improve runway standards to attract new businesses to Bendigo; Improve the flexibility of aircraft movements; and Support users of the airport, particularly air ambulance and Department of Environment and Primary Industries (DEPI) airbase. 2. The Business Park will: Allow for a broader range of suitable land uses to establish in the Business Park; Prevent uses that would be inappropriate, or that would affect the amenity of the surrounding area; Introduce layout, design and objectives to achieve quality building design in the Business Park. The Airport’s Bendigo East location has been investigated on a number of occasions, including a cost estimate and engineering consideration as part of a feasibility study into four other sites in 2002. On 20 July 2005 the Council resolved to confirm the Airport's current location as the future site for expansion. The adoption of the Bendigo Airport Strategic Plan (June 2009) and the Bendigo Aerodrome Master Plan 2007-2022 in 2009, considered on site options for a new runway, with this proposed runway location having a net best scenario. As indicated by the previous Council decisions below, and discussed above, this project has been in planning for a number of years. With some funding already committed, additional funding for the proposal is being sought. However, funding is more likely to be provided if the project is ready to be undertaken with statutory planning permissions complete. The project is unable to commence without this amendment and planning permit application. A revision of the planning controls following the construction of the new runway may result in some overlays being removed or reduced. Previous Council Decisions 20 July 2005 3 June 2009 23 Mar 2011 29 Feb 2012 27 Mar 2013
Resolution to confirm Airport remains at this location after investigating other options and strategic studies. Adopted Bendigo Aerodrome Master Plan 2007-2022 and Bendigo Airport Strategic Plan June 2009. Property leases and associated economic development of airport. Preferred new runway alignment and indicative budget decided. Advisory Committee members for the project appointed.
The key steps in the Amendment process are summarised below:
PAGE 26
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Amendment prepared
Council decides whether to seek Ministerial Authorisation & exhibit
We are at this point
Public Exhibition of Amendment
Submissions received
Council requests an Independent Panel to consider submissions
Council decides to Adopt or Abandon the Amendment
Send to Minister for Approval and Gazettal
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. Land Affected by the Amendment The Amendment applies to the existing airport reserve at 35 Victa Road, East Bendigo, properties to the north in Heinz Street purchased by Council (No’s 149, 179, and 199 Heinz Street), and 165 privately owned properties in proximity to the airport. A full list of the affected properties is detailed in the attached explanatory report. The privately owned properties are proposed to be included in the aircraft noise or flight path overlays, or combinations of these. The Airport reserve has an area of approximately 150Ha, which includes freehold land, Crown Land and road reserves. The site can be divided into three areas: The terminal and hangar precinct (approx. 23Ha), which is owned and managed by the City of Greater Bendigo;
PAGE 27
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The Airport reserve (approx. 100Ha), which is managed by the City of Greater Bendigo as Committee of Management from the Crown and includes Crown land managed by Coliban Water for the purpose of the water channel; Land on the north side of Heinz Street, Ascot (approx. 20Ha), newly purchased by the City of Greater Bendigo. The reserve and hangar precinct are currently zoned Special Use Zone 7 (Bendigo Airport). The site currently has 31 leased sites, providing various aviation functions such as emergency services, charter flights, flight training and general aviation use. The general aviation precinct is currently being redeveloped, and includes 3 new taxi lanes, drainage and vehicle access to 25 new leased hangar sites. The terminal and hangar precinct and the Airport reserve are currently accessed via the ‘airport entrance road’ off Victa Road in the south west corner of the site and the existing site is zoned Special Use Zone. The site and adjacent Crown Land contains a number of areas of native vegetation, which are generally located at the perimeter of the site. The larger areas of vegetation are located on the eastern side of the site with smaller areas located on the west side of the site and at the interface with the Bendigo Regional Park to the north of Heinz Street. The airport is surrounded by mixed zonings, including the Wellsford Estate (Industrial 1) to the east, Industrial 1 to the south, forested areas incorporating the Bendigo Regional Park to the north east (Public Conservation and Resource Zone) and pockets of Rural Living, and Low Density existing residential area to the west.
PAGE 28
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 1 – Bendigo Airport Interface with surrounding areas and zonings
PAGE 29
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 2 – Airport key areas
PAGE 30
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Land Affected by the Permit The permit applies to: The freehold land owned by the City of Greater Bendigo. Bendigo Airport Reserve. The main airport access road. Parts of the Bendigo Regional Park in the vicinity of the Airport. Reserved crown land Allotment 92R (Ellesmere-Goornong Channel), part. Heinz Street road reserve, East Bendigo (part). Racecourse Road, Ascot (Crown Allotment 326A). What the Amendment Does The Amendment proposes to facilitate a longer runway and associated Business Park by; Amending the Municipal Strategic Statement (Clauses 21.02, 21.04, 21.06, 21.07, 21.09, and 21.10) to reflect Council’s strategic position for the Bendigo Airport. Including inserting reference documents: o Bendigo Airport Masterplan 2007-2022 (Airports Plus 2007) and o Bendigo Airport Strategic Plan (City of Greater Bendigo and Airports Plus, 2009) Rezoning land at 149, 179 and 199 Heinz Street, East Bendigo to the Bendigo Airport zoning, (SUZ7) to allow for the construction of a new runway. Amending the Special Use Zone, Schedule 7 (SUZ7) to facilitate the development of the Bendigo Airport Business Park. Applying a new Design and Development Overlay14 to land in the proposed Bendigo Airport Business Park to ensure a high standard of design and appearance for new development. Applying two new Design and Development Overlays 16 & 17 on land surrounding the airport to require a planning permit for structures above 4m and 10m respectively. Delete the Development Plan Overlay (Schedule 19 Aerodrome Related Industries Precinct). Applying new Airport Environs Overlay 1 & 2 to properties which will be subject to higher noise levels, as identified in the Australian Noise Exposure Forecast (ANEF, 2012) for the Bendigo Airport. Amending various zoning anomalies to parts of the road reservations of Victa Road, Heinz Street and Andrew Lane, crown land in the vicinity of the Airport and rezone land to reflect the new location of the Ellesmere-Goornong Channel (part). Amending Clauses 66.04 and 66.06 to require referral to the Airport Owner for planning applications in the AEO and DDO16 & 17. Insert the Bendigo Aerodrome Obstacle Limitation Surfaces June 2012 as an Incorporated Plan in Schedule to Clause 81.01.
PAGE 31
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 3 – DDO 16 & 17, height restricting overlays
PAGE 32
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 4 – AEO1&2, Aircraft Noise
What the Planning Permit Does The Planning Permit (No DP/68/2013) allows for development of a new north-south runway, taxiways, aprons and access-lanes, access roads and infrastructure associated
PAGE 33
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
with a new business park, removal of native vegetation, re-alignment of part of the Ellesmere-Goornong Channel, and associated buildings and works. Social, Economic and Environmental Impacts There are several potential impacts associated with the new runway, the key ones being: Vegetation complete removal and canopy only removal; Redirection of Heinz St; Noise associated with the new runway; Revised alignment and flight path placement which requires height restrictions; and Amenity impacts associated with the Business Park and new development within Airport. The City of Greater Bendigo has prepared a number of reports in support of this Amendment that discuss the potential impacts and how they will be managed including: Aurecon (2012), ‘Traffic Impact Assessment Proposed Business Park, Bendigo Airport’; Atlas Ecology (2010), ‘Final Report: Flora and Fauna Assessment – Bendigo Aerodrome and Surrounds’; Cheers, G & B, (2011, updated 2012). ‘Ecological Assessment of Vegetation that will be affected by the Bendigo Airport upgrade’; Cheers, G & B, (2011).’ Assessment of Vegetation At the Bendigo Airport For the presence of Golden Sun Moth (Synemon plana); Airport Survey Consultants (2012), ‘Bendigo Airport Obstacle Limitation Surfaces’; Kneebush Planning (2012), ‘Bendigo Airport Noise Exposure Forecast, 2032’; Biosis Research (2010), ‘Bendigo Airport, Voluntary Cultural Heritage Management Plan 2010’; Airports Plus (2007), ‘Bendigo Airport Master Plan’; and City of Greater Bendigo (2009), ‘Bendigo Airport Strategic Plan’. Aircraft Noise The new runway will change the location and pattern of aircraft noise in the surrounding area. The Australian Noise Exposure Forecast – Bendigo Airport (Kneebush Planning, 2012) maps predicted noise from the new runway and forms the basis for the new Airport Environs Overlay (AEO) Schedules 1 and 2. (shown in Figure 4). The AEO1 is applied to areas above the 25 ANEF noise contour, and is not suitable for most accommodation and education uses. All properties affected by the AEO1 are in government ownership and unlikely to be impacted by the controls. The AEO2 applies to properties mapped between the 20 and 25 ANEF noise contours, and it requires inbuilt noise baffling for new residential buildings and some commercial uses such as office, hotel, and child care. Nineteen properties will be impacted by the application of the AEO2, this includes 8 properties with existing houses in the Low Density Residential Zone. The remainder of properties are government owned or industrial zoned. These existing dwellings are located west of the existing airport, where they may already be subject to the level of aircraft noise predicted. The new runway will be positioned further away from these residents, and they will not be required to retrospectively alter their dwellings for noise baffling.
PAGE 34
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Only new buildings in this overlay require to be constructed to include noise attenuation (eg. demolition of existing dwelling and reconstruction). The application of the AEO is designed to protect those properties most impacted by noise as measured by the ANEF. Dwellings outside of the AEO will also experience some aircraft noise, as they do now. The AEO2 currently applies to large number of properties to protect them from noise associated with the existing runway. Following the construction of the new runway a review of the extents of the AEO2 may reduce the overall amount. Height controls to surrounding area A new Design and Development Overlay 16 and 17 is proposed to be applied to 156 properties in total surrounding the airport, and will require a planning permit for structures above 4m and 10m respectively. A permit may be granted for structures higher than 4m or 10m subject to conditions and approval by the Airport Manager. Overlay New DDO16
New DDO17
Requires Properties Permit for 13 in part, 1 entirely. structure above 4 are private owned 4m Permit for 142 total properties. structures above 69 new to a height 10m overlay. 73 already in height overlay.
Impact Already developed sites. Negligible impact. Negligible impact on residential properties. Most industry, also not impacted, only if required structures above 10m.
The existing Design and Development Overlay 1 requires a planning permit for structures above 7.5m, and limits subdivision size of Low Density Residential allotments to 1ha (if partially in the DDO1) or 4ha if the property is entirely in the DDO1. This is to limit the number of residents surrounding the airport for safety and residential amenity protection. The new planning controls proposed in this Amendment do not include minimum subdivision areas and the DDO1 is proposed to be removed following construction of the runway. Native Vegetation The construction of the new runway will require the removal of native vegetation on the existing and newly purchased areas of the airport reserve, existing airport road reserve along the western boundary, and part of the Bendigo Regional Park. The vegetation removal is based on the safety clearance required to utilise the new runway. The Bendigo Aerodrome Obstacle Limitations Surface (OLS) (Airport Survey Consultants 2012) identifies the elevations that must be clear of obstructions. The removal of vegetation has been carefully considered when choosing the preferred option for the runway location as part of the Bendigo Airport Master Plan and Bendigo Airport Strategic Plan. Negotiation with the Department of Environment and Primary Industries has also been undertaken to minimise the overall removal.
PAGE 35
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
This has resulted in total vegetation clearing on 19.7ha (3.2ha in Bendigo Regional Park, 16.5ha on Airport Reserve) and removal of trees (canopy only) on 18.2ha (12ha in Bendigo Regional Park, 6.2ha on Airport Reserve). In total the area impacted is calculated as 37.9ha. Refer to Figure 5. All vegetation to be removed will be offset in accordance with the requirements of the State Planning Policy Framework. On the 20th December 2013, the Minister for Planning amended the state vegetation assessment methods and offset requirements. At the time of this report, the full impacts of these changes are not yet known. It is requested that the project be considered under the former policy to ensure outcomes can be met.
PAGE 36
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 5 – Vegetation removal and overstorey lopping areas
PAGE 37
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
General Traffic Impacts The Traffic Impact Assessment Report (Aurecon, 2012) identifies that the proposed Business Park and new airport activity will generate 295 additional vehicle movements in both the morning and afternoon, per day, when at full capacity. Surrounding existing intersections are predicted to operate within engineering standards, and no upgrades to these are proposed as part of this Amendment. The report notes, an upgrade is likely to be required for the entrance to the Airport off Victa Road, which can occur when needed as part of the overall works. The additional vehicle movements predicted, are not expected to have a significant impact on the surrounding residential areas as the route will follow the main arterial Rohs Road, and Victa Road which caters for higher volumes and larger vehicles. The report also advises that the intersection of Strickland Road and Rohs Road will operate close to capacity post development scenario. An upgrade to traffic signals at this location may assist in managing the queuing and delays predicted. These works do not form part of the current proposal as full development of the Business Park may not be achieved for several years following construction of the runway. Other development in the surrounding industrial precinct is expected to drive demand for an upgrade of this intersection. Heinz Street Re-alignment Heinz Street, which runs east-west directions, along the northern boundary of the existing airport land, will require re-routing to accommodate the new runway. Heinz Street is currently an unsealed local road managed by the City. The proposed airport development is not expected to increase the traffic volumes along Heinz Street as it does not provide permanent access to the airport.
PAGE 38
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 6 – Heinz Street re-alignment
The preferred new route of Heinz Street follows the internal boundary of the City of Greater Bendigo owned land to the north of Heinz Street (no’s 149 and 199). Heinz Street services several rural residential properties to the east of the airport. This rerouting will have an impact on those residents by introducing four corners and a 780 metre longer route. The new road is proposed to be constructed before the closure of the existing road, to maintain access for the properties impacted. No additional vegetation will need to be removed for the new road alignment as it will be located within the vegetation clearance area for the new runway. The statutory process for a new road reserve (and closure of the existing section) will be carried out separately under the provisions of the Local Government Act 1989. Business Park Impacts The Bendigo Airport zoning, (SUZ7) is proposed to be amended to permit more uses, as expected in an airport terminal (eg. convenience shop, vehicle hire). The zone provisions have also been amended to manage adverse amenity impacts from uses such as warehouse and industrial. Most uses and development within the Airport and Business Park will require a planning permit. Up to 16 businesses could locate in the new Business Park.
PAGE 39
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
A new Design and Development Overlay (14) is proposed to be applied to the Business Park which will promote high quality built form, setbacks and landscaping to further protect the amenity of adjoining residential areas. The existing Development Plan Overlay 19 (Aerodrome Related Industries Precinct) will be removed as it is obsolete. New uses will be assessed for amenity impacts when applying for a planning permit, and uses with high amenity impacts or that do not meet buffer distance requirements will be prohibited (eg. most manufacturing). The requirements of the Zone and Overlay for new uses and buildings, along with the existing separation along the western boundary of the airport to residential areas, are anticipated to minimise potential adverse impacts on residents from the Business Park. The Business Park (and airport terminal) is proposed to be serviced with reticulated sewerage, power, communications and water. This will require upgrade and extension of services to the airport site. Construction Management Runway, Business Park and associated works, will be constructed in several stages. A construction management plan will be required as part of the planning permit conditions, to minimise and manage offsite impacts. Cultural Heritage A Cultural Heritage Management Plan has been prepared. No areas of significance or archaeological places were identified, and therefore no specialist management conditions are required as part of this proposal. Economic Impacts The new runway and consequent increase in aviation activity is expected to benefit the economy through employment, manufacturing, industry, tourism and business diversity. The proposal is also anticipated to increase business and personal travel intra and interstate, by creating opportunities for larger aircraft to use the Airport. The Amendment will enhance opportunities for aviation and transport related business and employment. It will also assist in attracting recreation and general aviation users who can no longer afford space at metropolitan airports. New tenants in the Business Park are expected to provide a number of economic benefits to the City such as ongoing employment and investment. The construction phase of the runway and associated works are anticipated to generate employment and associated regional economic benefits. Net Community Impacts In summary, the Amendment and permit will most likely result in a number of effects, including the following positive impacts: Ensures an airport to service the growing population and region; Caters for more flights, and larger aircraft, including medical and emergency services;
PAGE 40
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Improved accessibility to capital and regional cities for emergencies, business and industry; Improved opportunities for tourism for Bendigo and the region; Improved opportunities for growth and development within airport to support its feasibility and longevity. The consolidation and enhancement of Bendigo’s role as a regional city; Increase in economic diversity and outputs as demonstrated by additional employment, industry, and business. Additional employment and associated regional impacts during construction phase; And potentially negative impacts, predominately to the immediate surrounding properties: Loss in native vegetation for construction and safe operation of the new runway; Change in pattern of aircraft noise and the properties impacted; Lengthening and realignment of Heinz Street for landowners who rely upon it for access; Height restrictions to surrounds where some industries may not be able to build if requiring structures above 10m; Additional vehicle and business activity associated with the Airport and Business Park; Developing the Bendigo Airport to support larger aircraft and improve the poor standard of the existing infrastructure provides a net community benefit. Strategic Justification in Planning Context The Amendment is consistent with the following policies contained within the State and Local Planning Policy Framework:
Clause 12.01-2 Native vegetation management Clause 13.04-1 Noise abatement Clause 15.01-2 Urban design principles Clause 15.03-2 Aboriginal Cultural Heritage Clause 17.02-1 Industrial land development Clause 17.02-2 Design of industrial development Clause 17.03-1 Facilitating tourism Clause 18.04-3 Planning for airfields Clause 21.03-1 Corporate vision Clause 21.04-2 Strategic framework plans Clause 21.07-2 Objectives – industrial Clause 21.07-3 Strategies – commercial Clause 21.09-3 Infrastructure – strategies Clause 21.09-4 Implementation Clause 22.05 Industrial policy
PAGE 41
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Consultation/Communication The planning application has been referred to all the relevant authorities and conditions of the planning permit have been drafted accordingly, including the Department of Environment and Primary Industries, Coliban Water, Country Fire Authority, Department of Transport, Planning and Local Infrastructure, Airservices Australia, Civil Aviation Safety Authority and Bendigo Airport Emergency Services Committee. In development of the proposal over several years, many internal departments of the City of Greater Bendigo have been and will continue to be involved in the project. City representatives are also part of the Advisory Committee developed in March 2013. Consultation with neighbouring landowners was undertaken as part of the Master Plan process in 2009 and will need to recommence for the amendment. As part of the combined amendment and permit process the following engagement is proposed: General Briefings for Bendigo Airport Advisory Committee Briefings for Bendigo Airport Leaseholders Group Direct communication with neighbouring properties Media releases Website and project updates Amendment and Permit Required: Public Notice in the Bendigo Advertiser Notice in the Government Gazette Referral Authorities, Ministers and departments Direct Mail to owners/occupiers being impacted (includes all overlays) Web site availability of documents Proposed additional: Longer advertising period of 6 weeks Media releases Listening Post/Open session Opportunity for meetings with individuals on request Discussion with interested groups as required, including Natural Environment Advisory Committee, Bendigo Airport Leaseholders Group/User groups, Emergency Service agencies. As a separate process, the proposal is recommended to be referred to the Minister for Planning to assess if an Environmental Effects Statement (EES) is required. The Minister will decide based on set criteria, whether an EES is required, or not required, or not required subject to conditions. The City believes only some of the criteria for a mandatory EES is met, but that a referral should be made as part of good governance. This is proposed to be undertaken now, to minimise the risk of a statement being requested later in the amendment process and potentially delaying the amendment.
PAGE 42
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Conclusion It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the combined Amendment and Planning Permit. This important project has been thoroughly planned over the last decade and will enhance Bendigo’s position in the region by allowing growth of the air interstate and intrastate businesses. 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 and Council financial resources will be required to prepare the Amendment documentation for authorisation, exhibition, manage the exhibition process and liaise with the Minister for Planning. On such a complex proposal, we would anticipate that a Panel may be required following unresolved submissions. Panel costs are difficult to predict without knowing the topics of submissions, and the extent required to support our position. We have however estimated these costs as between $100,000 and $200,000 including legal representation and expert witness reports. The Amendment will have a modest increase in planning applications due to the Zone changes and new Overlays. Attachments
Explanatory Report Maps showing new Zones and Overlays Draft Planning Permit DP/68/2013 Proposed Special Use Zone 7
PAGE 43
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
RECOMMENDATION That the Greater Bendigo City Council resolve to: 1.
Request the Minister for Planning to authorise Council to prepare Amendment C175 to the Greater Bendigo Planning Scheme.
2.
When Authorised by the Minister, exhibit Amendment C175 and draft permit to the Greater Bendigo Planning Scheme giving notification as required for a minimum exhibition period of six weeks.
PAGE 44
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.4 153-163 LOCKWOOD ROAD, KANGAROO FLAT - STAGED SUBDIVISION OF LAND INTO 45 LOTS, THE REMOVAL OF NATIVE VEGETATION, AND ALTERATIONS TO A ROAD ZONE CATEGORY 1 (LOCKWOOD ROAD) Document Information Author
Stephen Wainwright, Co-ordinator Subdivisions
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Application details:
Application No: Applicant: Land: Zoning: Overlays: No. of objections: Consultation meeting held: Key considerations: Conclusion:
Staged subdivision of land into 45 lots, the removal of native vegetation, and alterations to a Road Zone Category 1 (Lockwood Road) DS/845/2012 Dickson Hearn Pty Ltd 153-163 Lockwood Road, KANGAROO FLAT General Residential Zone (formerly Residential 1 Zone) Abuts a Road Zone Category 1 Nil 7 Yes - February and November 2013 Traffic. Relationship to industrial land. The site is zoned for residential purposes and is within Bendigo’s urban growth area. In this context the site’s proximity to industrial land is not a barrier to its residential subdivision. The proposed subdivision design responds appropriately to the site conditions. The existing street network can cater for the traffic generated by the subdivision and the proposed intersections with Lockwood Road and Wesley Street will be appropriately treated. The proposed subdivision is consistent with the objectives of the General Residential Zone and overall the proposal complies with the Planning Scheme. It is recommended that a permit be granted subject to conditions.
PAGE 45
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. Report Subject Site and Surrounds The site is located on the south side of Lockwood Road in the suburb of Kangaroo Flat, 70m west of the intersection of St George Park Drive. The site also has an abuttal to Wesley Street. The site area is 4.4ha. A single dwelling and associated sheds occupy the site. There is scattered vegetation on the site particularly towards the Wesley Street boundary. An abandoned water channel traverses the site. The site forms part of an established residential neighbourhood. Conventional suburban lots, most of which front St George Park Drive, adjoin the east boundary of the site. Similar suburban housing is also found to the south of the site on the opposite side of Wesley Street and to the north along Lockwood Road. Generally speaking the subject site represents the current limit of suburban growth that has occurred in a westward direction along the Lockwood Road corridor. Many properties west of the site remain semi-rural in nature.
Figure 1: A location map showing the site.
PAGE 46
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Proposal The proposal has undergone several revisions. The current proposal is to subdivide the site into 45 residential lots. The majority of the lots will range in size between 432m 2 and 1,948m2. A single large lot of 5,480m2 will also be created. The lots will be fully serviced. A new network of internal streets will provide access to the lots. The streets will provide a through-link between Lockwood Road and Wesley Street. The proposed Wesley Street intersection has been designed to align with the current bend in the road (a previous plan showed this intersection off-set from the bend). All native vegetation on the site will be deemed to be lost as a result of the subdivision. Offsets will be provided to compensate for these losses.
Figure 2: The proposed plan of subdivision
PAGE 47
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Planning Controls - Greater Bendigo Planning Scheme The site is in the General Residential Zone (formerly the Residential 1 Zone) and abuts a Road Zone Category 1 in the form of Lockwood Road. No overlays affect the site. The subdivision of the site requires a permit under the zone provisions and because the site abuts a Road Zone Category 1. The removal of native vegetation from the site also requires a permit. The following clauses in the Planning Scheme are relevant to the permit application: State Planning Policy Framework Regional development (clause 11.05). Biodiversity (clause 12.01). Urban environment (clause 15.01). Sustainable development (clause 15.02). Residential development (clause 16.01). Movement networks (clause 18.02). Development infrastructure (clause 19.03). Municipal Strategic Statement Municipal profile (clause 21.01). Key issues and influences (clause 21.02). Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05). Housing (clause 21.06). Reference documents (clause 21.10). Local Planning Policies Salinity and erosion risk policy (clause 22.04). Other Provisions General Residential Zone (clause 32.08). Easements, restrictions and reserves (clause 52.02). Native vegetation (clause 52.17). Land adjacent to a road zone, category 1, or a public acquisition overlay for a category 1 road (clause 52.29). Residential subdivision (clause 56). Decision guidelines (clause 65). Referral and notice provisions (clause 66).
PAGE 48
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral
Comment
Coliban Water
No objection subject to conditions
Powercor
No objection subject to conditions
Tenix
No objection subject to conditions
VicRoads
No objection subject to conditions
DEPI
No objection subject to conditions
CFA
No objection
Traffic Engineer
No objection subject to conditions
Drainage Engineer
No objection subject to conditions
Public Notification The application was advertised to the public by mail and an on-site notice. Seven objections are currently recorded against the application. Originally there were 12 objections but some were withdrawn as a result of the plan being revised to address traffic impacts at the proposed Wesley Street intersection. The current objections focus on separate issues of traffic and the site’s proximity to an industrial zone. Two consultation meetings were held to discuss the grounds of objection. The meetings were attended by the permit applicant, the objectors and several Ward Councillors. The meetings were partly successful in resolving the grounds of objection. Planning Assessment Will the traffic effects created by the subdivision be acceptable? The proposed subdivision layout has been revised several times in order to address traffic issues. Many of the objections have been withdrawn in response to the latest amended plan.
PAGE 49
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
There are two main traffic matters to consider. First, the proposed subdivision envisages a new internal road connection off Wesley Street near the intersection of Wesley Street and Ritchie Drive (see Figure 3 below). Local residents are concerned about traffic safety conditions at the existing intersection which they believe could be made worse by a new road connection. The residents say that cars travel too fast when manoeuvring through the intersection and that cars often encroach onto the wrong side of the road. The intersection also has poor sight-lines and is on an incline. It was originally proposed to create the new road connection at an offset to the existing Wesley Street intersection. This was opposed by local residents because it would result in traffic entering Wesley Street at a location where approaching cars may be difficult to see or properly anticipate. The revised plan now shows the new intersection aligning with Ritchie Street. In effect the subdivision will create a new T-head intersection whereby vehicles may continue north from Ritchie Street into the proposed subdivision, or else turn right into Wesley Street. This new intersection treatment is likely to improve the safety of the existing intersection by slowing traffic speeds. The second matter to consider is the proposed connection between the subdivision and Lockwood Road. Originally it was proposed to rely on an existing service road to gain access from Lockwood Road. This would have seen an increase in traffic passing by existing homes that front onto the service road. The service road option attracted objections from those property owners. The latest plan deletes the service road and instead shows the internal road intersecting directly with Lockwood Road. This arrangement is supported by VicRoads, which is the agency responsible for Lockwood Road, and is satisfactory to the residents that front the existing service road.
Figure 3: The Ritchie Street / Wesley Street intersection
PAGE 50
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
While there remains some opposition to the proposed subdivision on traffic grounds it is evident that the current plan does much to address the main issues of concern. Overall the new internal road network will provide adequate visibility at the two access points for safe ingress and egress. The intersection treatments won’t interfere with the amenity of nearby properties and will improve traffic conditions in Wesley Street through a realignment of the street geometry. In all other respects the existing street network has the capacity to accommodate the additional traffic generated by the subdivision. Does a nearby industrial zone impact upon the subdivision? Industrial land is located to the north of the site, approximately 150m from Lockwood Road. This land is zoned Industrial 1 with a section of Industrial 3 zoning at the southern periphery closest to Lockwood Road. The Industrial 3 zone provides a transition between the residences in Lockwood Road that abut the precinct and the “core” industrial area beyond. In 2011 some land owners adjoining the industrial precinct sought to rezone their existing farm land so that it could be developed for housing. The rezoning was ultimately abandoned by Council because of concerns about allowing new residences so close to industrial uses. The proponents of the rezoning were unable to satisfy Council that noise impacts from the industrial precinct could be properly ameliorated. Several proponents of the rezoning have objected to the current permit application citing the lack of support for their own development as a precedent for rejecting the proposed subdivision. They argue that an acoustic barrier should be installed as a prerequisite for approving the subdivision. The idea of an acoustic barrier was investigated as part of the abandoned rezoning. The Environment Protection Agency (EPA) recommended that a 500m buffer distance be implemented between the industrial precinct and the new residential land created by the rezoning. The EPA supported a reduction of this buffer distance to 270m provided an acoustic barrier was installed. If a 500m buffer distance was adopted in the context of the current permit application the buffer would cover the entire depth of the subject site and the proposed subdivision would be prohibited. However, the proposal would largely comply with a 270m buffer distance, with the exception of Lot 45 which is located closest to Lockwood Road. A 270m buffer distance would need to be in conjunction with an acoustic fence. In this author’s view the proposed subdivision should not be subject to a buffer constraint. Nor is an acoustic fence warranted. The circumstances of the permit application and the abandoned rezoning are very different. In the case of the permit application the land is already zoned for residential purposes and is within Bendigo’s urban growth boundary. The site is adjacent to established suburban housing some of which is closer to the industrial precinct than the site itself. The zoning of the site and its immediate land use context raises a reasonable expectation that the site can be developed for housing. There are no strategies or policies in the planning scheme that curb this expectation. In contrast the abandoned rezoning sought an extension of the urban growth boundary for which it was necessary to examine strategically the merits of allowing urban growth beyond existing limits.
PAGE 51
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The rezoning would have fundamentally changed the existing planning framework with regards to the pattern of growth along the Lockwood Road corridor and thus it is reasonable that it was held to a higher standard of strategic justification. Does the subdivision comply with clause 56 in the Planning Scheme? The proposal complies with all the subdivision design objectives in clause 56 of the Planning Scheme. The lots in the subdivision will be fully serviced and they will enjoy a high standard of amenity owing to their solar orientation, pedestrian and vehicular linkages and access to recreational assets. All the lots will be capable of accommodating a suburban house with generous space for a garden and backyard. Other matters The subdivision will necessitate the removal of native vegetation on the site. The vegetation is classed as being of low conservation significance. The proposed vegetation losses are acceptable given that the site is within a residential precinct and is largely surrounded by suburban housing. Conclusion The proposed subdivision complies with the requirements of the planning scheme for the reasons discussed above. On this basis a permit should be granted for the proposal. Options Council, acting as the responsible authority for administering the planning scheme may resolve to: grant a permit, grant a permit subject to conditions, or refuse to grant a permit. Attachments Objections RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolves to issue a Notice of Decision to Grant a Permit which allows for the staged subdivision of the land, the removal of native vegetation and alterations to a Road Zone Category 1 situated at 153-163 Lockwood Road Kangaroo Flat subject to the following conditions: 1.
PLANS TO BE ENDORSED The plan to be endorsed and which will then form part of the permit is the Version 5 plan submitted with the application.
2.
LAYOUT MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.
PAGE 52
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
3.
PUBLIC OPEN SPACE CONTRIBUTION Before a statement of compliance is issued for the subdivision the owner of the land must pay to the responsible authority a sum equivalent to 5% of the site value of all the land in the subdivision.
4.
LANDSCAPE PLAN Before a statement of compliance is issued for each stage of the subdivision a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority for the relevant stage. When approved, the plan will be endorsed and then form part of the permit.
5.
COMPLETION OF LANDSCAPING Before a statement of compliance is issued for each stage of the subdivision the landscaping works shown on the endorsed landscape plan must be carried out and completed for that stage to the satisfaction of the responsible authority.
6.
LANDSCAPING MAINTENANCE The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 12 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.
7.
RACE RESERVE Before a plan is certified for the subdivision the race reserve that traverses the site must be acquired by the developer as freehold land.
8.
DETAILED DRAINAGE Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater runoff. (b) A point of discharge for each lot. (c) Independent drainage for each lot. (d) Approval from the relevant authority for the point of discharge.
9.
DRAINAGE EASEMENTS The subdivision must provide easements for drainage within and through the subject land for external outfall drainage to a point of lawful discharge to the satisfaction of the responsible authority.
10. STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer 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 = 13.2 l/s per hectare; Q100 = 33 l/s per hectare. 11. STORMWATER QUALITY Before the subdivision starts the developer must provide a stormwater treatment PAGE 53
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
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. 12. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Fully sealed pavement with kerb and channel. (b) Paved footpaths. (c) Underground drainage. (d) Underground conduits for water, gas, electricity and telephone. (e) Appropriate intersection and traffication measures. (f) Appropriate street lighting and signage. (g) High stability permanent survey mark. Wesley Street: (a) Fully sealed pavement with kerb and channel. (b) Paved footpath. (c) Underground drainage. (d) Underground conduits for water, gas and telephone. (e) Appropriate intersection and traffication measures. (f) Appropriate street lighting and signage. 13. DECORATIVE LIGHTING If decorative lighting is to be used within the subdivision: (a) Before the certification of a plan of subdivision, or any other time agreed to by the responsible authority, a decorative lighting plan must be submitted to and approved by the responsible authority. When approved the decorative lighting plan will be endorsed and then form part of the permit. (b) All decorative lighting within the subdivision must be constructed in accordance with the approved decorative lighting plan. (c) Before a statement of compliance is issued the developer must make a decorative lighting payment to the responsible authority in accordance with Table 15 of the Infrastructure Design Manual. 14. DECORATIVE LIGHTING The decorative lighting style is to be consistent with any adjacent decorative lighting. The Responsible Authority shall determine decorative lighting style where conflicts arise. The applicant shall submit for approval full details of any proposed decorative lighting to the Responsible Authority prior to commencement of works. Prior to the issue of the statement of compliance the applicant will make payment to the Responsible Authority in accordance with Table 15 of the Infrastructure Design Manual. 15. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb 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. PAGE 54
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit. 16. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. The plan must include: (a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent streets. (d) The protection measures taken to preserve any vegetation identified for retention. During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency. 17. COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation. 18. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act. (b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor. (d) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. (e) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for PAGE 55
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
the construction of any works in such an area. (f) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. (g) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (h) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules. 19. 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. 20. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with: • A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time. • A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. (b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: • A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time. • A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. 21. HYDRANTS (a) Operable hydrants, above or below ground must be provided to the satisfaction of CFA. (b) The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of the building envelope, the rear of all lots) must be 120m and hydrants must be no more than 200m apart. (c) Hydrants must be identified as specified in ‘Identification of Street Hydrants for Firefighting purposes’ available under publication on the Country Fire Authority web site (www.cfa.vic.gov.au). 22. VICROADS (a) Before the plan of subdivision (PS711964U, Version 3) is submitted to the PAGE 56
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Responsible Authority for certification under the Subdivision Act 1988, the following amendments to the plans submitted with the application must be made: • A 10 metre wide road reserve contiguous with the declared road reserve boundary must be provided and this road reserve must be vested in the Council. That is, the first 10 metres of Reserve No. 1 and Reserve No.2 from the arterial road reserve boundary must be labelled as road reserve for the purpose of future service roads. • The plan of subdivision must be amended to include a 5 metre by 5 metre splay at the intersection of the Bendigo-Maryborough Road and the subdivisional road which is to be shown as road vested in council. • Any land set aside as Road must be labelled “ROAD” on the plan of subdivision. (b) Prior to the Certification of the Plan of Subdivision a detailed functional layout must be submitted and approved in writing by VicRoads. The plan must include but not be limited to the following: • A type "BAR" treatment provided on the north side of the BendigoMaryborough Road opposite the subdivisional road. The BAR treatment must be in accordance with the 2009 edition of the AustRoads Publication "Guide to Road Design, Part 4A - Unsignalised & Signalised Intersections". The treatment must incorporate a 3.0 metre wide (minimum) sealed shoulder as shown in Fig 7.5 and above publication for a 60 km/h speed zone. • A type "AUL" treatment provided on the south side of the BendigoMaryborough Road east of the subdivisional road. The AUL treatment must be in accordance with Figure 8.3 of the 2009 edition of the AustRoads Publication "Guide to Road Design, Part 4A - Unsignalised & Signalised Intersections" for a 60 km/h speed zone. • The stagger of the subdivisional road and Fairview Road intersections with the Bendigo-Maryborough Road shall be in accordance with Section 7.5.4 of the 2009 edition of the AustRoads Publication "Guide to Road Design, Part 4A - Unsignalised & Signalised Intersections". (c) Prior to the issue of a Statement of Compliance: • The applicant must engage a VicRoads prequalified road safety auditor to undertake a detailed design stage audit in accordance with the 2009 edition of the AustRoads Guide to Road Safety – Part 6: Road Safety Audit. Any mitigating works arising out of the audit must be carried out by the applicant at no cost to and to VicRoads' written satisfaction; • All works must be completed to the satisfaction of and at no cost to the Roads Corporation or the Responsible Authority. (d) The discharge of any concentrated drainage onto the Bendigo-Maryborough Road road reserve must not be permitted unless approved in writing by VicRoads. 23. DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES (a) In order to offset 240 trees of Box Ironbark Forest Ecological Vegetation Class of low conservation significance approved for removal as part of this permit, the applicant must provide for: • The planting and protection of 2305 trees of Box Ironbark Forest Ecological Vegetation Class, or • The planting and protection of 2280 trees of Box Ironbark Forest PAGE 57
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Ecological Vegetation Class and the protection and management for conservation purposes of one large old tree of Box Ironbark Forest Ecological Vegetation Class, • An alternative to the satisfaction of the responsible authority. (b) To provide the required offset, within 12 months of the vegetation removal the applicant or owner must either: • Provide to the responsible authority, an Allocated Credit Extraction issued by the Department of Environment and Primary Industries Native Vegetation Credit Register, which satisfies the required offset, or • Commence management of an offsite in accordance with an offset plan endorsed by the responsible authority. The offset plan must be prepared to the satisfaction of and approved by the responsible authority. The offset plan must include: • A description of the site, including a plan, where the offset site will be provided. • A schedule of works required to achieve the offset over a 10 year period, detailing: • Management actions to be performed (e.g. fencing, weed control, pest control, revegetation). • The person(s) responsible for implementing the specified management actions. • The timeline for the implementation of the management actions. • The method by which the management actions will be undertaken. • The standard to which the management actions will be undertaken. When approved the offset plan will be endorsed and form part of this permit. (c) Within 12 months of the native vegetation removal: • The offset site must be permanently protected to the satisfaction of the responsible authority such as through an encumbrance on title. • A copy of the endorsed offset plan and protection mechanism (e.g. title showing encumbrance) must be lodged with the Department of Environment and Primary Industries. (d) Where offsets are provided by purchase of native vegetation credit, a copy of the Allocated Credit Extract must be submitted to the Department of Environment and Primary Industries within 30 days of issue. 24. EXPIRY OF THE PERMIT This permit will expire unless: (a) All stages of the approved subdivision have been certified within 5 years of the date of this permit; or (b) Any stage of the approved subdivision is not completed within 5 years of the certification of the plan of subdivision under the Subdivision Act 1988. The responsible authority may extend the time for certification of a plan of any stage of the subdivision if a request is made in writing before the permit expires, or thereafter, within the period allowed by section 69 of the Planning and Environment Act 1987.
PAGE 58
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.5 21 PLUMRIDGE STREET, WHITE HILLS - SUBDIVISION OF THE LAND INTO 17 LOTS Document Information Author
Stephen Wainwright, Coordinator Subdivisions
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Application details: Application No: Applicant: Land: Zoning: Overlays: No. of objections: Consultation meeting held: Key considerations:
Conclusion:
Subdivision of the land into 17 lots DS/575/2013 Total Property Developments 21 Plumridge Street, WHITE HILLS General Residential Zone (formerly Residential 1 Zone) Land Subject to Inundation Overlay Environmental Significance Overlay Schedule 1 20 30 September 2013 Traffic. Lot density. Streetscape of Plumridge Street. Relationship between the site and the Bendigo Creek. The proposed subdivision design responds appropriately to the site and its context. In particular the subdivision addresses the flood prone nature of the site and shows proper regard to the character and appearance of Plumridge Street, subject to permit conditions. The proposed lot density is compatible with the area, and while traffic problems do exist in the area the existing street network is capable of handling traffic generated by the subdivision. The proposed subdivision is consistent with the objectives of the General Residential Zone and the Land Subject to Inundation Overlay and overall the proposal complies with the Planning Scheme. It is recommended that a permit be granted subject to conditions.
PAGE 59
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. Report Subject Site and Surrounds The site is located on the south side of Plumridge Street in the suburb of White Hills, 250m west of Napier Street and adjacent to the Bendigo Creek. The site is roughly Lshaped with abuttals to Plumridge Street and an unmade road named New Road that extends off Raglan Street. Overall the site area is 1.72ha. The site is vacant. There is no significant vegetation on the site. Abutting the east boundary of the site is an established residential neighbourhood including homes that front Raglan Street. To the north of the site, on the opposite side of Plumridge Street, is the White Hills Primary School. To the south of the site is vacant land situated between New Road and Lyons Street. The Bendigo Creek is to the west of the site.
PAGE 60
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 1: A location map showing the site.
Proposal The proposal is to subdivide the site into 17 residential lots. The lot sizes will generally range between 386m2 and 988m2. There will be a single lot of 5,733m2 adjacent to the creek. The lots will be fully serviced. A new internal street off New Street will provide access to the lots. There will be no vehicular access to the site via Plumridge Street. A 4m wide pedestrian walkway will link the internal street to Plumridge Street.
PAGE 61
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 2: The proposed plan of subdivision
PAGE 62
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Planning Controls - Greater Bendigo Planning Scheme The site is in the General Residential Zone (formerly the Residential 1 Zone) and is partly covered by the Land Subject to Inundation Overlay (LSIO). A very small area of the site is also covered by Schedule 1 to the Environmental Significance Overlay (ESO1) Watercourse Protection. A permit is required under the zone and overlay provisions to subdivide the site. The following clauses in the Planning Scheme are relevant to the permit application: 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 Salinity and erosion risk policy (clause 22.04). Other Provisions General Residential Zone (clause 32.08). Environmental Significance Overlay (clause 42.01). Land Subject to Inundation Overlay (clause 44.04). Residential subdivision (clause 56). Decision guidelines (clause 65). Referral and notice provisions (clause 66). Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral
Comment
Coliban Water
No objection subject to conditions
Powercor
No objection subject to conditions
Tenix
No objection subject to conditions
North Central CMA
No objection subject to conditions PAGE 63
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Referral
Comment
DEPI
No objection subject to conditions
CFA
No objection
Traffic Engineer (internal)
No objection
Drainage Engineer (internal)
No objection subject to conditions
Public Notification The application was advertised to the public by mail and an on-site notice. Twenty objections to the application were received. The objections principally focus on the issues of traffic and lot density. Other issues were also raised concerned with the streetscape of Plumridge Street and the site’s relationship with the Bendigo Creek. All these issues are discussed later in this report. A consultation meeting was held to discuss the grounds of objection. The meeting was attended by the permit applicant, the objectors and the Ward Councillors. As a result of the meeting the applicant revised the plan. The amended plan shows a reduction in the number of lots created by the subdivision from 19 lots to 17 lots and changes how the subdivision relates to Plumridge Street. None of the objections were withdrawn in response to the amended plan. Planning Assessment Will the subdivision cause traffic problems for the area? By far the greatest objection to the proposed subdivision concerns the issue of traffic. There are existing traffic problems in the area as stated by the objectors. Plumridge Street and Raglan Street experience traffic congestion during school drop-off and pick-up times. Many residents have difficulty leaving their driveway during those peak times. The presence of school children in the area raises particular safety concerns with anecdotal reports of near misses between pedestrians and cars in the area. The proposed subdivision is viewed as adding to these problems. There are undoubtedly traffic management issues that need to be resolved in the area. A solution to these traffic problems is to be found by examining the precinct as a whole, encompassing traffic patterns in Goynes Road, Napier Street and elsewhere. Understanding the school’s role in this traffic network is important too (eg. how will future enrolments in the school affect existing traffic conditions?). There is no value in looking to the current proposal to affect better traffic management for the area. Nor is it reasonable to quarantine the site from future development while solutions are found to long-standing traffic issues.
PAGE 64
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The proposed subdivision will introduce more traffic into Raglan Street. At peak times vehicles exiting the subdivision may have to queue at the New Street/Raglan Street intersection owing to congestion in Raglan Street. However, outside the school peak the street network will have the capacity to cater for the proposed subdivision. The school peak is unlikely to coincide with peak traffic movements generated by the subdivision and thus overall travel to and from the subdivision will be not be subject to excessive delays. On this basis there are no traffic management reasons to reject the proposed subdivision. Is the proposed lot density compatible with the area? Most of the lots proposed to be created by the subdivision will be around 500m2. Only one of the lots will be less than 500m2 and the three largest lots will be greater than 800m2. The proposed lot density compares favourably to the densities found in the neighbourhood. While traditional lot sizes in the area are around 800m 2 - 900m2, smaller lots are growing in prevalence as infill development occurs. There are two approved subdivisions in Raglan Street, for instance, where lots are less than 300m 2. Added to this is the fact that the proposed density will not be readily discernible from vantage points beyond New Street. Indeed the site is unlikely to be seen from within the existing residential neighbourhood at all. Does the subdivision response appropriately to the Bendigo creek? One of the objectors has offered some constructive suggestions for improving the subdivision. They own property adjacent to the site. One of the design changes they advocate for concerns the relationship between the site and the Bendigo creek. Part of the site is prone to flooding from the creek and it is covered by the Land Subject to Inundation Overlay (see Figure 3 below). The proposed subdivision design deals with the flooding risk through a combination of cut and fill that will see the lots within the flood extend raised to the prescribed flood level. Future dwellings will need to be constructed 300mm above the flood level. The cut and fill will be ‘balanced’ meaning that the extent of fill added to one part of the site will be offset by cutting fill from another part, in this case from Lot 15. This will ensure that the existing volume of flood storage remains the same and conditions are not changed for downstream properties. The objector wants to do more than the minimum cut and fill envisaged by the plan. They view the subdivision as an opportunity to significantly reshape the eastern side of the creek to increase the flood retention capacity of the creek. They argue that this would be advantageous for downstream properties while also providing additional public open space. The idea of reshaping the creek environs was discussed with the developer but they were not willing to change their design. They pointed out that the North Central Catchment Management Authority, which is relevant flooding authority for the creek, supports the current proposal.
PAGE 65
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
There are no practical impediments to implementing the objector’s suggestion, although there are doubts about whether the scheme would be attractive to the North Central CMA. Without the developer’s cooperation it then falls to Council to decide whether to make the changes a condition of approving the subdivision.
Figure 3: The proposed extent of the new Land Subject to Inundation Overlay based on Bendigo Flood Study flood modeling. Note that the flood extent determined for the site by survey is slightly higher and is shown by a blue line on the proposed plan of subdivision
This author believes that while the objector’s position is not without merit the planning benefits that would be achieved by reshaping the creek would be modest. In essence the amount of additional flood storage created under the objector’s scheme would have a negligible effect on downstream flood conditions. The North Central CMA has no strategy of seeking flood storage in locations such as these. A storage location far higher in the catchment, such as Kangaroo Flat, would be necessary to achieve a meaningful impact on flood conditions. The current plan successfully addresses the flooding conditions of the site in a manner supported by the North Central CMA. In this context it is difficult to argue that the current plan does not meet the requirements of the planning scheme and that changes are warranted.
PAGE 66
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Will the subdivision create an appropriate streetscape for Plumridge Street? The plan shows two lots abutting Plumridge Street - Lot 15 and Lot 17. Lot 15 is flood prone and any future dwelling will need to be built close to the internal street, well away from Plumridge Street. With respect to Lot 17 there will be space to construct a dwelling no closer than 4m from Plumridge Street. Driveway access from Plumridge Street won’t be allowed to either lot. The streetscape outcome of this subdivision layout will be such that Lot 17 will provide a 40m sideage to Plumridge Street while the balance of this street interface will be vacant. No further details have been provided about the likely built form outcome on Lot 17 other than to say that a future dwelling will have “the ability to address Plumridge Street”. This streetscape outcome is challenged by one of the objectors. They argue that these lots should formally front onto Plumridge Street so that they are in keeping with the existing houses to the east of the site. If this can’t be done then the objector says that any dwelling on these lots should address Plumridge Street and that fencing should respect the existing streetscape character. An active street frontage is a laudable objective to achieve in this circumstance. However it must be balanced against the particular constraints of Plumridge Street. Plumridge Street, in the vicinity of the subject site, is lined by mature elm trees. There are three elm trees directly in front of the site. These trees restrict the ability to install a vehicle crossover to service any potential lot. Furthermore, the adjacent primary school relies on Plumridge Street for on-street parking during drop-off and pick-up times. There is also a school crossing located in front of the site. Introducing new crossovers into the street would potentially erode valuable parking spaces and may be a source of traffic conflict. It’s not hard to imagine the school objecting if lots were permitted to gain access from Plumridge Street. In this context it’s preferable that none of the lots directly front Plumridge Street. Nonetheless Lot 17 should have the appearance of addressing Plumridge Street. This could be achieved through a combination of siting techniques and detailed design, including the careful selection of front fencing. It’s proposed to deal with this as a condition of the permit. It will be a requirement that house plans be prepared for Lot 17 that accord with specific design objectives aimed at creating an active streetscape appearance. The requirement for an active frontage should not be applied to Lot 15. Putting aside the fact that flood constraints prevents a dwelling on Lot 15 from fronting Plumridge Street, the absence of built form in this location won’t offend the streetscape. For all intents and purposes Lot 15 will share the same open appearance as the creek that it abuts. Is the walkway acceptable? A 4m wide walkway is planned as part of the subdivision that will link the new internal street to Plumridge Street. The walkway will only be open to pedestrians. Some of the objectors point out that the walkway may result in people parking in the internal street during school drop-off and pick-up times.
PAGE 67
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
This may indeed be the case since parking is at a premium during these times and the internal street would only be a short walking distance from the school. But this author believes that the prospect of school traffic using the internal street is not a sufficient reason to delete the walkway. Walkability is a principle of good urban design and the proposed walkway implements this objective by offering permeability through the subdivision to key destinations such as the creek and the school. If traffic within the internal street does prove to cause problems for future residents then Council does have the option of imposing parking restrictions. Does the subdivision comply with clause 56 in the Planning Scheme? The proposal complies with all the subdivision design objectives in clause 56 of the Planning Scheme. The lots in the subdivision will be fully serviced and they will enjoy a good standard of amenity. A bus service is within walking distance of the site and an offstreet bike trail is available along the Bendigo creek. All the lots will be capable of accommodating a suburban house with generous space for a garden and backyard. Conclusion The proposed subdivision complies with the requirements of the planning scheme for the reasons discussed above. On this basis a permit should be granted for the proposal. Options Council, acting as the responsible authority for administering the planning scheme may resolve to: grant a permit, grant a permit subject to conditions, or refuse to grant a permit. Attachments Objections RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolves to issue a Notice of Decision to Grant a Permit which allows for the subdivision of the land at 21 Plumridge Street White Hills into 17 lots subject to the following conditions: 1.
PLANS TO BE ENDORSED The plan to be endorsed and which will then form part of the permit is the Revision C plan submitted with the application.
2.
LAYOUT MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plans must not be altered without the written consent of the responsible authority.
3.
DEVELOPMENT OF LOT 17 Before a statement of compliance is issued for the subdivision: (a) Plans for the construction of a single dwelling on Lot 17 must be submitted to PAGE 68
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
and approved by the responsible authority. The dwelling shown on the plans must be designed so that it fronts Plumridge Street from a streetscape appearance. The plan must include front fencing details that are in keeping with the style of front fencing in Plumridge Street. (b) The land owner must enter into an Agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987. The Agreement must covenant that Lot 17 will be developed in accordance with the dwelling plans endorsed by the responsible authority. 4.
PUBLIC OPEN SPACE CONTRIBUTION Before a statement of compliance is issued for the subdivision the owner of the land must pay to the responsible authority a sum equivalent to 5% of the site value of all the land in the subdivision.
5.
LANDSCAPE PLAN Before a statement of compliance is issued for the subdivision a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and then form part of the permit.
6.
COMPLETION OF LANDSCAPING Before a statement of compliance is issued for the subdivision the landscaping works shown on the endorsed landscape plan must be carried out and completed to the satisfaction of the responsible authority.
7.
LANDSCAPING MAINTENANCE The landscaping works shown on the endorsed plans must be maintained to the satisfaction of the responsible authority for 12 months after the works are completed, including that any dead, diseased or damaged plants are to be replaced.
8.
BUILDING ENVELOPES The plan of subdivision must include building envelope restrictions in accordance with the endorsed plan. No building may be constructed outside the building envelopes shown on the endorsed plan and no vehicular access to Plumridge Street from Lot 17 is allowed.
9.
DETAILED DRAINAGE Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater runoff. (b) A point of discharge for each lot. (c) Independent drainage for each lot. (d) Approval from the relevant authority for the point of discharge.
10. DRAINAGE EASEMENTS The subdivision must provide easements for drainage within and through the subject land for external outfall drainage to a point of lawful discharge to the PAGE 69
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
satisfaction of the responsible authority. 11. STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer 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 = 18 l/s per hectare; Q100 = 38 l/s per hectare. 12. STORMWATER QUALITY Before the subdivision starts the developer 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. 13. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include: (a) Fully sealed pavement with kerb and channel. (b) Paved footpaths. (c) Underground drainage. (d) Underground conduits for water, gas, electricity and telephone. (e) Appropriate intersection and traffication measures. (f) Appropriate street lighting and signage. (g) High stability permanent survey mark. 14. DECORATIVE LIGHTING Standard Powercor power poles are to be used in the development in accordance with the City of Greater Bendigo Decorative Lighting Policy. 15. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb 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. 16. CONSTRUCTION MANAGEMENT PLAN Prior to commencement of works the owner or applicant must submit a Construction Management Plan (CMP) for approval by the responsible authority. The plan must include: (a) A site specific plan showing proposed erosion and sedimentation control works. (b) Techniques and intervention levels to prevent a dust nuisance. (c) Techniques to prevent mud and dirt being transported from the site to adjacent streets. (d) The protection measures taken to preserve any vegetation identified for retention. PAGE 70
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
During construction of works associated with the subdivision, the must employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency. 17. COLIBAN WATER (a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications. (b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation. 18. POWERCOR (a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act. (b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall: Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a Registered Electrical Contractor. (d) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision. (e) The applicant shall: Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000. (f) The applicant shall: Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots. (g) The applicant shall: Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey. (h) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area. (i) The applicant shall: Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required. (j) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. PAGE 71
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
(k) Any construction work must comply with the Officer of the Chief Electrical Inspector No Go Zone rules. 19. 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. 20. TELECOMMUNICATIONS (a) The owner of the land must enter into an agreement with: • A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time. • A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. (b) Before the issue of a statement of compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: • A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time. • A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. 21. COUNTRY FIRE AUTHORITY Hydrants: (a) Prior to the issue of a statement of compliance under the Subdivision Act 1988, above or below ground operable hydrants must be provided. (b) Unless agreed to in writing by CFA prior to installation, the maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of all lots) must be 120 metres and the hydrants must be no more than 200 metres apart. (c) Hydrants must be identified with marker posts and road reflectors (as applicable). 22. NORTH CENTRAL CMA (a) Proposed Lots 8 to 14 must be filled to at least the estimated 1% AEP flood level(s). Prior to issuing a statement of compliance a certified survey plan of the finished surface levels must be submitted to the Responsible Authority and North Central CMA for its approval. (b) The proposed building envelope on lot 15 must be filled to at least the estimated 1% AEP flood level(s). Prior to issuing a statement of compliance a certified survey plan of the finished surface levels must be submitted to the Responsible Authority and North Central CMA for its approval. PAGE 72
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
(c) A balance of cut and fill must be achieved on the site to ensure that there is no loss of floodplain storage. Any cut must be undertaken such that it is free draining, ie. to ensure that no ponding occurs on Lot 15. (d) Prior to certification a suitable restriction is to be placed on the title which specifies the minimum floor level of any new dwelling(s) on each new allotment. The minimum floor level must be no lower than 300mm above the estimated flood level(s). (e) Prior to certification a waterway and drainage easement must be created in favor of North Central CMA on Lot 15 with the exception of the proposed building envelope. (f) Prior to the commencement of works, appropriate silt control measures must be installed to prevent sediment laden runoff from entering the waterway. The silt control measures must be maintained throughout the construction period. (g) Stormwater runoff arising from the site must be treated to best practice standards prior to discharging to the waterway. The number of new stormwater connections to the waterway must be limited and prior to the commencement of drainage works, a separate “Works on Waterway” License must be obtained directly from North Central CMA. (h) Any fencing on land within the waterway and drainage easement on Lot 15 must be open style fencing, excluding the boundary with the building envelope and the rear boundaries of Lots 8-14 which are permitted to be solid type fencing. 23. DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES Prior to work commencing, the shared boundary with Crown land must be fenced to the satisfaction of the responsible authority and the Department of Environment and Primary Industries at the applicant’s expense. Fencing must be erected: (a) On the boundaries of the land. (b) Without gates or openings on to adjoining Crown land. 24. EXPIRY OF THE PERMIT This permit will expire if: (a) The plan of subdivision is not certified within 2 years from the date of this permit; or (b) The subdivision is not completed within 5 years from the date of certification of the plan of subdivision. The responsible authority may extend the time for certification of the plan if a request is made in writing before the permit expires or within six months afterwards.
PAGE 73
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.6 ROAD RESERVE OUTSIDE 41 EDWARDS ROAD, JACKASS FLAT 3556 REMOVAL OF NATIVE VEGETATION Document Information Author
Chris Duckett, Co-ordinator Land Use
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Application details: Application No: Applicant: Land: Zoning: Overlays: No. of objections: Key considerations:
Conclusion:
Removal of native vegetation DV/908/2013 R N Davis Road Reserve Outside 41 Edwards Road, JACKASS FLAT 3556 General Residential Zone (Formerly Residential 1 Zone) Development Plan Overlay 21 Nil Whether the proposal meets the three-step approach of avoid, minimise and offset native vegetation. Preservation of existing native vegetation within a Council road reserve. The application does not comply with the three-step approach to Native Vegetation management as no steps have been taken to avoid or minimise removal and it is recommended that Council refuse to grant a planning permit to remove the native vegetation.
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows. Productivity A diverse, strong and growing economy supports community resilience. Background Information This application has arisen out of discussions between the applicant and the City’s Parks and Natural Reserves team where the applicant was advised that consent would not be granted for the removal of the vegetation. As consent was not granted a planning permit is required to remove the vegetation.
PAGE 74
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Report Subject Site and Surrounds The subject site is a road reserve adjacent to a vacant rectangular block of residential land with an area of 846 square metres. The surrounding area is a mix of established late 20th century dwellings and newer subdivisions currently under construction.
Figure 1: Location map showing 41 Edwards Road
Figure 2: Aerial photograph
PAGE 75
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Proposal The applicant seeks consent for the removal of 4 native trees from within the road reserve adjacent to the land at 41 Edwards Street, Jackass Flat to create a vehicular crossover to the land. The trees proposed to be removed are Eucalyptus microcarpa (Grey Box) and between 15 and 40 years old and are all in good health. The applicant intends to construct a dwelling with a double garage on their property. As the dwelling does not require a planning permit the removal of native vegetation from the road reserve is the only permit trigger.
Figure 3: Photograph showing the four trees to be removed
PAGE 76
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 4: Proposed site layout of dwelling
Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework Native Vegetation Management (Clause 12.01-2)
Municipal Strategic Statement Environment (Clause 21.08)
PAGE 77
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Other Provisions Native Vegetation Precinct Plan (Clause 52.16) Native Vegetation (Clause 52.17-1)
Consultation/Communication Referrals The following internal department has been consulted on the proposal: Referral
Comment
Parks and Natural Reserves
Objection to tree removal as there is an alternative location that could be used for a crossover.
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, no objections were received. Planning Assessment Does the removal of native vegetation comply with the intent of planning policy Planning policies encourage the retention of existing vegetation and seek to ensure a decrease in incremental clearing of native vegetation. Clause 12.01-2 seeks to achieve a net gain in the extent and quality of native vegetation and has a strategy that applies the three step approach: 1. 2. 3.
Avoid the removal of Native Vegetation, where this is not possible, to then; Minimise the removal of Native Vegetation, and to then; Offset the removal of Native Vegetation.
The City’s Municipal Strategic Statement sets out the importance of the conservation of Greater Bendigo’s natural environment and at Clause 21.08-1 it is stated that Council acknowledges its obligations under Victoria’s Native Vegetation Framework for Action and will adopt the three-step approach of ‘avoid, minimise, offset’ in planning for residential development. The three-step approach is implemented through Clause 52.17 Native vegetation. The application does not adhere with the three-step approach to Native Vegetation management as no steps have been taken to avoid or minimise removal.
PAGE 78
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
41 Edwards Road falls with the Jackass Flat Native Vegetation Precinct Plan which seeks to retain and protect the areas of vegetation identified as worthy of protection as new residential development transforms the area. Although the Plan does not include the road reserve it is of note that the wider area is one which is deemed worthy of added protection. Discussions were undertaken with the applicant to encourage them to consider an alternative house design which would have enabled the retention of the vegetation. As can be seen from the photograph in figure 4 below there is adequate width to enable the creation of a crossover close to the north western boundary. Flipping the house design is all that is required to avoid removal of the native vegetation.
Figure 4: Possible alternative location for crossover with side boundary survey peg identified
The applicant has stated that relocating the crossover is not practical as house plans are finalised and flipping the design would result in additional costs. They also assert that this would affect the energy rating of the house and result in an increase in energy bills. It is difficult to see how this would be the case as flipping the house would locate the main living areas to the north-west thereby resulting in a more favourable solar orientation. If cost is indeed the issue, the applicant needs to take account of the cost of offsetting the trees. The offset costs would be twofold, firstly to Council for amenity / replacement costs which would total $3,547 and secondly to meet State legislative requirements, (costs unknown). These costs could well exceed any redesign costs.
PAGE 79
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Removal of native vegetation from within the road reserve is generally only supported where the tree to be removed is dangerous or diseased and poses a substantial threat to life or is completely unavoidable. Conclusion The removal of the street trees would have a negative impact on the amenity value of Edwards Road given that there are many individual and small areas of remnant, structurally sound native vegetation within this road reserve. The applicant has not sufficiently demonstrated a site responsive design which addresses the native vegetation within the road reserve. Moreover, the least preferable option has been chosen which may favour the applicant but it would be at the expense of Council assets and the wider community. In summary, the application does not comply with the State and Local Planning Policies and Clause 52.17 (Native Vegetation) of the Greater Bendigo Planning Scheme and should be refused. Options Council, acting as the responsible authority for administering the planning scheme, may resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit. RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to refuse to grant a planning permit for the removal of native vegetation (4 trees) at Road Reserve outside 41 Edwards Road, JACKASS FLAT 3556 for the following reason: 1. The proposed removal of native vegetation does not meet the three-step approach of avoid, minimise, offset thereby failing to comply with clauses 12.01-2, 21.08 and 52.17 of the City of Greater Bendigo Planning Scheme. 2. The proposal would result in the loss of vegetation which would result in a detrimental impact on the City’s environmental and landscape values contrary to clause 21.08 of the City of Greater Bendigo Planning Scheme.
PAGE 80
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.7 90 MUNDY STREET, KENNINGTON 3550 - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A NEW SINGLE STOREY DWELLING Document Information Author
Chris Duckett, Land Use Co-ordinator
Responsible Director
Prue Mansfield, Director Planning & Development
Summary/Purpose Application details: Application No: Applicant: Land: Zoning: Overlays: No. of objections: Key considerations:
Conclusion:
Demolition of existing dwelling and construction of a new dwelling DD/318/2013 M R Waters 90 Mundy Street, KENNINGTON 3550 General Residential Zone (formerly Residential 1 Zone) Neighbourhood Character Overlay 1 Environmental Significance Overlay 1 Nil Whether the existing dwelling contributes to existing neighbourhood character; The weight that should be given to the heritage significance of the dwelling; Whether the condition of the dwelling supports its demolition. Whether the design of the proposed dwelling is an appropriate outcome with respect to neighbourhood character. The design of the replacement dwelling is respectful of existing and preferred neighbourhood character. However, as the proposal would result in the loss of a dwelling of heritage significance which makes an important contribution to neighbourhood character, this report recommends that the City of Greater Bendigo Council issue a Refusal to grant a Planning Permit for the application.
Policy Context City of Greater Bendigo Council Plan 2013 – 2017 (2013) Planning for Growth Our quality of life is maintained as our City's population and economy grows.
PAGE 81
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Productivity A diverse, strong and growing economy supports community resilience. Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets. Background Information The application as submitted originally proposed only the demolition of the existing dwelling. The application was deferred from Council’s meeting of 2 October 2013 as the applicant decided to amend his application to include the construction of a new dwelling. The amended application was reported to Council with a recommendation that the application be refused on the following grounds: 1. The proposed demolition of the dwelling would be harmful to existing neighbourhood character by reason of the impact on the existing streetscape design contrary Clause 43.05 (Schedule 1) of the Neighbourhood Character Overlay and Clause 22.24 Strathdale/Kennington Residential Character Policy of the City of Greater Bendigo Planning Scheme. 2. The proposal would result in the loss of a dwelling with identified heritage values contrary to Clause 22.06 Heritage Policy of the City of Greater Bendigo Planning Scheme. 3. The design of the replacement dwelling would be harmful to existing neighbourhood character by reason of the impact on the existing streetscape design contrary Clause 43.05 (Schedule 1) of the Neighbourhood Character Overlay, Clause 22.24 Strathdale/Kennington Residential Character Policy and Clause 54 of the City of Greater Bendigo Planning Scheme Council resolved that the matter be referred back to the Planning Department for further discussion with the applicant. Subsequently the application was amended again with design changes to the dwelling seeking to address the proposed ground of refusal no.3. The application was readvertised as it was a significantly changed design. No objections were received. Report Subject Site and Surrounds The subject site comprises a rectangular block of land with an area of 718m 2 which is located on Mundy Street with a rear abuttal with Havlin Street East. The site has a fall of approximately 2 metres across the site from the front to the rear. Located on the site is a single storey weatherboard dwelling with a predominantly hipped roof with projecting gabled roof and verandah to the front façade. The site is quite densely vegetated at the front with some largely exotic vegetation.
PAGE 82
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Although Council rates records suggest that the building dates from circa 1920, the City’s Heritage Architect / Advisor is of the view that the house dates from circa 1900. The dwelling has a front section with four rooms either side of a central hallway and a rear section containing a kitchen, bathroom and a sleepout. The rear section was added at a later date. The area around the site is wholly residential with single storey dwellings built in varying styles from different eras, in particular Victorian, Edwardian and Inter-war.
Figure 1: Location map showing subject site.
Figure 2: Aerial of the subject site.
PAGE 83
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Proposal The proposal is to demolish the existing dwelling and construct a new dwelling. The proposed dwelling would be part single/part two storey brick veneer with steel roof and aluminum windows and a triple garage which would be accessed from Havlin Street East. The two storey component would be limited to the area above the rear garage. The original application provided no justification for the demolition of the dwelling. After being advised that officers did not support demolition the applicant provided a building report on the condition of the dwelling which found faults with the dwelling including sagging ceilings, springing floors, window out of plumb, structural failing of the chimney and poor drainage. The report concluded that: ‘The remedial work required to return this house to a sound structural (sic) that is suitable for habitation is extensive and will prove to be uneconomic and demolition of the house is the only logical conclusion’.
Figure 3: Floor plan of dwelling to be demolished.
PAGE 84
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 4: Front façade of the existing dwelling.
Figure 5: Front façade of the existing dwelling.
PAGE 85
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 6: Proposed replacement dwelling front elevation as previously submitted.
Figure 7: Proposed amended dwelling elevations.
PAGE 86
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 8: Proposed amended dwelling site plan.
PAGE 87
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Figure 9: Proposed amended dwelling floor plan.
Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework Clause 15 Built Environment and Heritage Municipal Strategic Statement Clause 21.02 Key Issues and Influences
PAGE 88
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Local Planning Policies Clause 22.06 Heritage Policy Clause 22.24 Strathdale/Kennington Residential Character Policy Other Provisions Clause 43.01 Neighbourhood Character Overlay Clause 54 One dwelling on a lot Consultation/Communication Referrals The following internal department has been consulted on the proposal: Referral
Comment
Heritage
Demolition of the front part of the house and verandah is not supported.
Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. No objections were received. Planning Assessment What is the existing neighbourhood character? Before assessing the application it is important to firstly understand the role of neighbourhood character in the Planning Scheme and secondly to fully appreciate the character of the neighbourhood in which the site lies. Neighbourhood character is referenced as an important consideration throughout the Planning Scheme including Clauses 15.01 Urban Environment, 22.24 Strathdale/Kennington Residential Character Policy, 32.08 General Residential Zone and in particular at Clause 43.01 Neighbourhood Character Overlay (NCO) and Clause 54 Construction of one dwelling on a lot. The Residential Character Policy describes the area as follows: There is a mix of building styles and materials, but the position of each house on its block is consistent and therefore important, as are spaces between the houses through which glimpses of back yard trees are visible. In some locations, mature trees in reserves or private gardens dominate the skyline. Front gardens form part of the street scene because of the low or transparent front fences. Some streets have avenues of large exotics, which add to the character of the area. The Policy also has the following statement of desired future character:
PAGE 89
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The spacious, garden suburb qualities of the streetscapes will be maintained by: Retaining heritage buildings that contribute to the character of the area Attention to appropriate roof form Minimising the impact of car storage facilities Ensuring buildings respect the predominant front and side setbacks in the street Articulating plan forms and elevation treatments Ensuring low, open style fencing appropriate to the era of the dwelling The applicant’s written description of the neighbourhood character is limited to the two adjoining properties. To gain a full appreciation of neighbourhood character it is necessary to undertake a wider survey of existing dwellings in the area. The table below documents the ages and identifies some important characteristics of the 16 dwellings including the site between Havlin Street East and Sternberg Street. Address 86 Mundy St 88 Mundy St 89 Mundy St 90 Mundy St 91 Mundy St 92 Mundy St 93 Mundy St 94 Mundy St 95 Mundy St 96 Mundy St 97 Mundy St 98 Mundy St* 99 Mundy St 100 Mundy St 101 Mundy St 103 Mundy St
Age^ 1900 1900 1960 1920 1925 1920 1920 1973 1880 1979 1915 1925 1920 1925 1890 1925
Construction Weatherboard Weatherboard Brick Veneer Weatherboard Weatherboard Weatherboard Weatherboard Brick Veneer Weatherboard Brick Veneer Weatherboard Weatherboard Weatherboard Weatherboard Weatherboard Weatherboard
Roof Pitched/metal Pitched/metal Pitched/tile Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/tile Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal Pitched/metal
Car storage Rear garage Rear garage Rear garage None None Open side carport None Open side carport None Rear carport None None None None None None
^ Dates taken from the City’s rates records. *The City has approved a subdivision and development of two dwellings on this block.
It can be concluded from the above that neighbourhood character is derived primarily from single storey dwellings from the Victorian/Edwardian era (13 out of 16). Characteristics of dwellings in the area include: Use of weatherboard Articulated pitched roof form often with front gables and verandahs Central front door with windows to habitable rooms on the front façade No car storage or car storage located to the rear Fairly consistent front setbacks and building heights Does the existing dwelling contribute to existing neighbourhood character? In light of the findings of the survey above it is clear that the existing dwelling is typical of those found in the street and it is such dwellings that greatly contribute to neighbourhood character.
PAGE 90
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
The NCO seeks to ensure that development respects neighbourhood character and to prevent, where necessary, the removal of buildings before the neighbourhood character features of the site and the new development have been evaluated. Schedule 1 to the NCO relates to Bendigo Early Settlement Residential Character and has an objective of encouraging the retention of existing pre-World War I and inter-war dwellings. The decision guidelines to the Schedule include the extent to which the exterior of any pre-World War I or inter-war era building is intact or repairable. In addition, the Strathdale/Kennington Residential Character Policy has an objective to retain buildings that contribute to the valued character of the area and encourages the retention and restoration of intact Victorian, Edwardian, Federation and Inter-war era dwellings. It is clear therefore that both planning policy and the controls on this site seek the retention of dwellings where they are deemed to make a contribution to neighbourhood character. The dwelling proposed to be demolished makes an important contribution to existing neighbourhood character as it is one of a significant number in this part of Mundy Street which contributes to the quality of the streetscape. The dwelling has an architectural quality which is worthy of protection and its demolition will diminish the value of the streetscape which will have an adverse impact on neighbourhood character. Allowing demolitions of dwellings of this type will incrementally erode neighbourhood character and reduce the value of the Overlay that Council introduced in 2004. What weight should be given to the heritage significance of the dwelling? The dwelling was identified in the Eaglehawk and Bendigo Heritage Study with a ‘C’ grading which is defined of being of local importance. Although there is no heritage overlay to control the demolition of the dwelling, the City does have a heritage policy which applies to all land in the municipality. The policy has the effect of requiring an assessment to be made of the heritage values of any building that is proposed to be demolished. As the dwelling dates from before 1920 it is Council policy to report the demolition of the dwelling to the Heritage Advisory Committee (HAC). HAC passed a motion that supported the Heritage Architect / Advisor’s recommendation to refuse demolition. Notwithstanding the grading of the property in the Heritage Study and the advice of the Heritage Architect / Advisor and HAC, it is important to note that heritage controls were never implemented on the property and therefore only limited weight can be given to the heritage significance of the dwelling. However, this is not to say that no weight should be given to it and the fact that it does have some heritage significance does provide further justification to the argument that it should be retained.
PAGE 91
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Does the condition of the dwelling support its demolition? The applicant submitted that the dwelling is in poor structural condition, and he suggests that this justifies its demolition. He submitted a building condition report that purported to show that it is not economically viable to restore the building. The building report was assessed by the City’s Heritage Architect / Advisor who is a qualified architect and an internal and external site inspection was also undertaken. It is not accepted that the dwelling is in such poor condition that it should be demolished. With the exception of the rear chimney which it is agreed is structurally unsound, the dwelling appears to be largely intact. Problems such as floor springing and being out of level are not unusual in a building of this age and are usually rectified by restumping. The other cited problems can also be resolved with appropriate investment. There is no concern regarding the demolition of the rear section of the dwelling. Does the design of the dwelling respect neighbourhood character? Designing and siting new dwellings to respect neighbourhood character is a fundamental objective of the residential development provisions in planning schemes. It is important that the design responds to key features of the neighbourhood. The proposed dwelling would be constructed of brick veneer, aluminium windows, steel pitched roof with a double garage accessed from Havlin Street East. The dwelling has been designed to respond well to existing and preferred neighbourhood character including many of those cited in the Strathdale/Kennington Residential Character Policy. The height and scale of the dwelling is appropriate for the area. The roof pitch and design is relatively in keeping with other roof forms in the area. The choice of brickwork for the façade is somewhat at odds with the weatherboard appearance of most dwellings in the street but this is a matter that could be addressed by condition if a permit was to be granted. The proposed windows and other design details are respectful of the characteristics of the area. When the earlier house design was reported to Council the main concerns were around the car storage and garage design which presented to Mundy Street as a dominant feature. As the garage is now proposed to be accessed from the rear on Havlin Street East, which is a secondary street, the impact is significantly lessened and deemed to be appropriate in terms of neighbourhood character. In summary the amended design of the dwelling is respectful of neighbourhood character and therefore complies with the Planning Scheme. Conclusion This proposal requires a balancing of the applicant’s desire to demolish the existing building and construct a new dwelling against the Planning Scheme requirements to respect neighbourhood character.
PAGE 92
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Although the design of the replacement dwelling is respectful of the neighbourhood character the demolition of the existing dwelling is not supported as its loss in the streetscape would have an adverse impact on neighbourhood character. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Heritage Architect / Advisor's Report RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for the demolition of the existing dwelling and construction of a new dwelling at 90 Mundy Street, Kennington for the following reasons: 1. The proposed demolition of the dwelling would be harmful to existing neighbourhood character by reason of the impact on the existing streetscape design contrary Clause 43.05 (Schedule 1) of the Neighbourhood Character Overlay and Clause 22.24 Strathdale/Kennington Residential Character Policy of the City of Greater Bendigo Planning Scheme. 2. The proposal would result in the loss of a dwelling with identified heritage values contrary to Clause 22.06 Heritage Policy of the City of Greater Bendigo Planning Scheme.
PAGE 93
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.8 RESPONSE TO JOINT LETTER: PROPOSED BANNERMAN STREET, BENDIGO
DEVELOPMENT
AT
24
Document Information Author
Brett Martini, Manager Engineering and Public Space
Responsible Director
Darren Fuzzard, Director Presentation and Assets
Summary/Purpose The purpose of this report is to respond to the petition received by Council at its meeting on 18 December 2013 and outlines the current and proposed actions to address the matter. Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2013-2017: Theme: 1
Planning for Growth
Strategic Objective: 1.3
Our quality of life is maintained as our City's population and economy grows.
Background Information A petition was tabled at Council's ordinary meeting on 18 December 2013 outlining concerns regarding approvals and works at 24 Bannerman Street that were subject to a planning permit application and VCAT decision. Report An application was received for a Works within Road Reserve permit for the construction of a driveway at the above property. Following the evaluation of the application a permit was issued. A standard condition of these permits is “The granting of this consent does not exempt the Proponent from the requirements of other Commonwealth and State legislation or Policy”. Furthermore, under the Road Management Act, an application for Works within Road Reserve shall be issued within 15 working days of lodgement otherwise it is deemed approved. Given permits generally take 5 to 10 working days to issue, consultation or referral of applications is not possible within the available timeframes and not required by the Act.
PAGE 94
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
However, the planning permit does not allow the parking at the front of the property for which the driveway has been constructed. The front fence of the property has been constructed in accordance with the planning permit and does not permit access to the property at this point. Even though the driveway serves no purpose it has been constructed in accordance with the WWRR permit, there is no mechanism to require its removal. Consultation/Communication The Council resolution calls for a meeting of the residents. arranged for Wednesday 5 February 2014.
This onsite meeting is
Conclusion A Works within Road Reserve permit was issued for the driveway construction and these works have been undertaken in accordance with the permit conditions. The planning permit however does not allow parking or access to the property at this point. Currently there is no mechanism to Council to require the removal of redundant vehicle crossings. This will be considered at the next review of the Streets and Roads Local Law. Attachments Nil. RECOMMENDATION That Council having considered the concerns of a number of residents of Bannerman Street regarding the construction of a driveway to 24 Bannerman Street determined that the fencing and driveway construction are both in accordance with the relevant permits issued: 1. Take no further action in regard to the driveway. 2. Notify the signatories of the joint letter of Council's decision.
PAGE 95
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
2.9 RESPONSE TO PETITION RE: CONDITION OF DRAIN ADJACENT ROSEDALE VILLAGE IN HIGH STREET, KANGAROO FLAT Document Information Author
Brett Martini, Manager Engineering and Public Space
Responsible Director
Darren Fuzzard, Director Presentation and Assets
Summary/Purpose The purpose of this report is to respond to the petition received by Council at its meeting on 18 December 2013 and to outline the current and proposed actions to address the matter. Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2013-2017: Theme: 4
Sustainability
Strategic Objective: 4.1
Existing infrastructure and assets are well maintained and appropriately upgraded to sustain them for future generations.
2013-2014 Action: 4.1.3
Maintain increased investment in drainage.
Background Information A petition was tabled at Council's ordinary meeting on 18 December 2013 outlining a number of concerns with the drain adjoining Rosedale Village including:
Flooding;
Soil/bank erosion under fence lines and into adjacent properties;
Access of drain into Bendigo Creek (west side) currently above the drain exit;
Back flooding into some Rosedale sites; and
Health issues, water, mud, smell, flies and rubbish.
PAGE 96
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Report The open drain from High Street to the Bendigo Creek traverses through three private properties. These three properties (located directly downstream of High Street) currently have only a 3m wide drainage easement. The open drain is considerably wider than this and these three properties have been fenced along the edge of the open drain. Downstream of these properties the drain is contained within a drainage reserve. Council has committed funds in the current financial year for the acquisition of the land that currently accommodates the open drain between the existing fences of the Rosedale Village and the private properties north of the drain. Negotiations with these landowners are underway. Subject to timing of the proposed acquisitions, the necessary drainage works will be recommended as a high priority for funding in the 2014/15 budget process. The works would include installation of a pipe from High Street to Bendigo Creek that is designed to carry most rainfall events and reshaping of the open drain to accommodate major storms. The existing drain is difficult to maintain due to the narrow width, depth and soft ground from regular inundation. Piping and reshaping of the drain will allow the drain to be maintained in a suitable condition and remove the problem of stagnant water creating odours and insect problems. The works will also include a gross pollutant trap to intercept the large volume of rubbish that currently settles in the drain and/or enters Bendigo Creek. Consultation/Communication Consultation is currently underway with the three property owners through which the current open drain runs. Resource Implications Council’s current budget includes funding for the acquisition of the necessary land currently occupied by the drain within the three properties. Subject to timing of the land acquisition, the improvement to the drainage works as outlined above would be recommended for inclusion in the 2014/15 Council budget. Works are estimated to cost $238k with $63k from water sensitive reserves for the gross pollutant trap to intercept rubbish before entering the Bendigo Creek. Conclusion The concerns of the adjoining property owners at Rosedale Village nominated in their petition are acknowledged and Council has already made a commitment to address this problem in the adopted 2013/14 budget.
PAGE 97
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
As a result, the first stage of addressing these concerns is underway in the form of land acquisition. Detailed design for the proposed new pipe and reshaping of the open drain has also commenced in anticipation of construction in 2014/15. Attachments 1. Plan of existing drain showing location within private property.
RECOMMENDATION That Council having considered the concerns of the residents of the Rosedale Village: 1. Endorse ongoing negotiations with the adjoining landowners to acquire the private land currently occupied by the drain (as already provided for in the 2013/14 budget). 2. Note that, subject to timing of completion of the land acquisition process, it is intended that funding for the required drainage works will be recommended as a high priority for inclusion in the 2014/15 budget. 3. Advise the petitioners of Council’s decision.
PAGE 98
Planning for Growth – Reports
Ordinary Meeting - 12 February 2014
Attachment 1
PAGE 99
Liveability – Reports
3.
Ordinary Meeting - 12 February 2014
LIVEABILITY
3.1 ECONOMIC AND SOCIAL IMPACT SUBMISSION TO THE VICTORIAN COMMISSION ON GAMBLING REGULATION: THE SHAMROCK HOTEL Document Information Authors:
Lindy Wilson, Social Planner
Responsible Director
Prue Mansfield, Director Planning and Development
Summary/Purpose The Shamrock Hotel has lodged an application with the Victorian Commission for Gaming Regulation (VCGR) to install an additional 20 Electronic Gaming Machines (EGMs) at its site on Cnr Williamson and Pall Mall, Bendigo. This would bring the total number of machines to 65 at the venue. This report considers the economic and social impacts of the proposal and recommends that Council advise the VCGR that: 1. The overall net economic and social impact of the proposal is detrimental and therefore does not support the application by The Shamrock Hotel. 2. It has formed the view that the proposed use is prohibited under the Greater Bendigo Planning Scheme. Even if an approval were granted, additional EGMs could not be installed and operated at the Shamrock Hotel by reason of the effect of clause 52.28 of the Greater Bendigo Planning Scheme. Council requests that its opposition to the grant of an approval for the increase of EGMs be recorded. Policy Context Local Government Act The primary objective of a Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. Public Health and Wellbeing Act Local Government has a responsibility to protect, improve, and promote public health and wellbeing within their municipality. Council Plan 2013-2017 Planning for Growth Our quality of life is maintained as our City’s population and economy grows.
PAGE 100
Liveability – Reports
Ordinary Meeting - 12 February 2014
Productivity A diverse, strong and growing economy supports community resilience. Good Governance and Decision Making We engage effectively and often with our communities, through excellent customer service and by providing information to enable people to take part in decisions about the changes. Greater Bendigo Public Health and Wellbeing Plan 2013-2017 The aim of the plan is to create supportive environments that enable people to live happy and healthy lives that are supported with safe, accessible, and healthy places to live, work and play. City of Greater Bendigo Gaming Policy This policy (Accessible but not Convenient) is part of the Greater Bendigo Planning Scheme. It applies to all applications which require a permit to install or use a gaming machine or use land for the purpose of gaming. It includes decision guidelines for Council to consider before deciding on an application. Background Information This report deals solely with the application to the VCGR and Council's economic and social impact assessment for this. In accordance with previous decisions the economic and social impact submission has been prepared based on research and community consultation. As part of its submission to the VCGR Council is required to complete the "Local Authorities Form" and requires Council to decide if: 1. The anticipated economic impact of the proposal on the municipal district as: neutral; beneficial; or detrimental. 2. The anticipated social impact of the proposal on the municipal district as: neutral; beneficial; or detrimental. 3. The anticipated net economic and social impact of the proposal on the well-being of the community of the municipal district as: neutral; beneficial; or detrimental. The City of Greater Bendigo Gaming Policy has five decision guidelines for considering applications for new gaming machines or new premises. These are: 1. Whether there is a net community benefit to be derived from the application. 2. Whether the proposal is likely to increase the social disadvantage of an area. 3. Whether the location of the gaming machines or gaming premises will facilitate or discourage convenience gambling. 4. Whether the venue is accessible for a variety of transport modes. 5. Whether residents will have a choice of gaming and non-gaming recreation venues in the local area. In making the decision of whether or not to support the application by The Shamrock Hotel, Council will need to consider:
PAGE 101
Liveability – Reports
Ordinary Meeting - 12 February 2014
Its response to the questions in the Local Authorities Form on the economic, social and combined economic and social impacts of the proposal; Consistency of the proposal with Council's Gaming Policy; Findings from the economic and social impact submission prepared by City of Greater Bendigo officers.
Report Summary of the proposal The Shamrock Hotel has applied to increase the number of EGMs at the Hotel from 45 to 65 (20 additional EGMs). To install and operate the extra 20 EGMs only minor reconfigurations of the gaming room is required. The social and economic impact submission prepared by Urbis Pty Ltd for this application details the proposed redevelopment and extension to The Shamrock Hotel if they are successful in obtaining the additional 20 EGMs. This work is subject to a separate building and planning approval processes. The application states that the additional 20 machines will provide funds to assist The Shamrock Hotel in undertaking redevelopment and expansion to provide for a 5 star hotel in a growing municipality. The application outlines the anticipated impacts and benefits of the redevelopment proposal as including:
2 full time staff in the gaming room (4 other full time jobs to be created with the redevelopment). An annual amount of $1.5m to be generated in the next twelve months through supply contracts with $300,000 of this estimated to be with suppliers from the municipal district. An estimated $4.8m of complementary expenditures will be generated in the next 12 months. Value of new building or renovations works from the proposal is $2.4m. Value of building maintenance contracts from proposal for next 12 months is $300,000. Total estimated increase gaming expenditure from the proposal would be between $551,219 to $649,811 with 35 to 40% of this (between $192,927 & $259,925) estimated as new expenditure. The Shamrock Hotel has not stated any additional community contributions in relation to the additional 20 EGMs. The Shamrock Hotel currently donates approximately $25,000 to a number of charities and local organisations, via cash donations, meals and accommodation vouchers and hosting fundraisers. The application states that currently 3,160 patrons use the venue weekly with an estimated 1,710 using the gaming facility weekly.
Information for the Economic and Social Impact Submission The City of Greater Bendigo has based its economic and social impact submission on research and consultation.
PAGE 102
Liveability – Reports
Ordinary Meeting - 12 February 2014
The City of Greater Bendigo has been proactive in developing and adopting a gaming policy. Coomes Consulting Group were contracted to assist in this, and undertook a rigorous research and analysis process to inform the policy. Amendment C110, which implemented the recommendations of the City of Greater Bendigo Gaming Policy Framework - Accessible but not Convenient (the Gaming Policy) into the Greater Bendigo Planning Scheme, was also subject to extensive community consultation. The City of Greater Bendigo also commissioned research into the economic costs of EGM gambling in Bendigo. There have been two significant community consultation processes in relation to the impacts of EGM's. In 2008 the City of Greater Bendigo received 72 responses to a community feedback/survey. The key findings of the survey were: Local government have more control over the number and density of EGMs; That money from EGMs be returned to the local community; The municipality be capped at its current number of EGMs.
The response overwhelmingly supported the Council’s principles. To understand the response of the community of the City of Greater Bendigo a community wellbeing survey was made available to all residents to complete online, residents could also request hardcopies. Due to the tight timeframe of the VCGR, and this falling over the Christmas and New Year period, residents have had a limit time to complete the survey. The survey closed on 24 January 2014 the results of this survey are detailed below. As with the Foundry Hotel, the Kangaroo Flat Sports Club and the Bendigo Stadium the process of undertaking this economic and social impact submission has highlighted several gaps in data availability. With the exception of Gambler’s Help and the Bendigo Family Financial Services, local service providers do not collect data that could link gaming expenditure with relationship stress, family violence, crime or unemployment. City of Greater Bendigo Gaming Policy The submission to the VCGR by The Shamrock Hotel contains substantial evidence to demonstrate that the proposal is only consistent with the last decision guidelines in the City of Greater Bendigo Gaming Policy. This is demonstrated in the brief summary below. 1. Whether there is a net community benefit to be derived from the application. Social impact surveys indicate the majority of respondents do not want EGMs at the Shamrock Hotel. The survey did demonstrate that although there is already a significant number of EGMs at the venue, there would be a detrimental impact on levels of contentment and happiness as well as sense of wellbeing and a detrimental impact on the social character of the area if more EGMs are introduced at the Shamrock Hotel.
PAGE 103
Liveability – Reports
Ordinary Meeting - 12 February 2014
2. Whether the proposal is likely to increase the social disadvantage of an area. This is not able to be accurately determined. The area immediately around the Shamrock Hotel, the suburb of Bendigo, has a score of 973 on the Index of Relative Socioeconomic Disadvantage (the "SIEFA Index"), below Greater Bendigo score of 983 and the regional Victoria average score of 978. Of the 19 suburbs identified in the ID Community Profile Bendigo is ranked 7th lowest. As the area is already showing signs of social disadvantage the introduction of 20 more EGMs creates more opportunities for gambling and could exacerbate problem gambling in the area and increase social disadvantage. 3. Whether the location of the gaming machines or gaming premises will facilitate or discourage convenience gambling. To minimise the convenient access to gaming machines the purpose of clause 52.28 of the Victoria Planning Provision is to prohibit gaming machines in specified shopping centres and strip shopping centres. In developing the City of Greater Bendigo Gaming Policy Framework Accessible but not Convenient the policy used the principle of destination gaming, where proposals for gaming machines should be in locations that are a destination in their own right, not in areas of high concentrations of people undertaking their daily activities. The policy recognised the ambiguities associated with the definition of a strip shopping centre. In order to provide certainty and consistency, Council undertook an audit of its business areas to determine which will qualify as a strip shopping centre. A map titled prohibited and strongly discouraged areas, was prepared and is now and incorporated document in the Greater Bendigo Planning Scheme. While undertaking the above mapping, The Shamrock Hotel was identified as being in a prohibited area as it is located within a strip shopping centre and identified in the policy as a location that would encourage convenience gambling. 4. Whether the venue is accessible for a variety of transport modes. The subject land is in the Bendigo CBD and is accessible to a variety of transport modes; it has on street car parking and accessible to a multi storey car park. It is also accessible by public transport. 5. Whether residents will have a choice of gaming and non-gaming recreation venues in the local area. The Shamrock Hotel offers a variety of other entertainment than gaming at the hotel, these including formal to alfresco dining, wine bar, function venues for business and weddings. Adjacent to The Shamrock Hotel is Rosalind Park which includes a senior secondary college, primary school, sporting venues such as the Queen Elizabeth Oval and Tom Flood, as well as tennis, bowls and croquet. Arts and cultural venues (The Capital and Bendigo Art Gallery) are all enclosed within the Rosalind Park Precinct.
PAGE 104
Liveability – Reports
Ordinary Meeting - 12 February 2014
Social & Economic impact The City of Greater Bendigo is obligated under the Public Health and Wellbeing Act 2008 to “protect, improve, and promote public health and wellbeing in the municipal district.” In making a decision of whether or not to support the application, the Council must decide whether the anticipated social impact of the proposal on the municipal district will be neutral, beneficial, or detrimental. The social and economic impact statement submitted by the applicant concludes there will be a beneficial social and economic impact on the local community. Reasons for this include: The Economic benefits as identified by the applicant include: The increase in general economic activity in the local area, driven by a major development project to the value of $3.2 million. This is a significant stimulus to the local economy creating six FTE jobs at the venue itself, as well as a substantial number of construction jobs for the period of the construction phase of the hotel extension. The economic stimulus generates further flow-on effects through the local economy through benefits to supplier industries for the venue and builders, and through employees generating increased income which they in turn put back into all local businesses. The share of the new gaming expenditure in the municipality that is attributable to responsible gaming play is an economic benefit, and represents the value of the social benefit derived. The vast majority of gaming players access machines in a responsible manner. There are also some economic risks associated with this proposal: Any increase in expenditure generated by extra machines at the venue that is attributable to an increase in problem gambling behaviours is undoubtedly an economic cost to the municipality. This amount is unable to be quantified precisely, but given the discussion in the previous section, we see this impact on problem gambling as a result of this application is minimal with a small increase in machines in a venue and municipality already offering gaming. The estimated increase in expenditure is estimated to make up around 0.5% of the total expenditure in the municipality for the 2012-2013 financial year. To the extent that this new expenditure may be derived from other gaming venues and businesses, this level of impact will not affect the ability of local businesses to trade, meaning they will need to maintain staff numbers. There will be a diversion of trade from the existing gaming venues in Bendigo, but the impact to those venues is minimal in a competitive industry. Social Benefits derived from the application are summarised below: The provision of improved facilities available to the community and visitors will be a benefit to current and future users of the venue. There is a community benefit of these improved facilities derived through opportunities for social interaction, a range of entertainment. The additional accommodation options that will be created from the proposed hotel extension also represent a social benefit to the community.
PAGE 105
Liveability – Reports
Ordinary Meeting - 12 February 2014
There is also a social benefit accruing from additional gaming machines, particularly in peak time. Those who voluntarily choose to play machines in a responsible manner will do so due to the enjoyment they derive from this activity. In this way, their spending on gaming is not an economic cost; rather it represents the value patrons place on the social benefit.
Social impact resulting from this application are summarised as follows: There is an impact on the perceived wellbeing of some local residents who may be opposed to the development and the addition machines at the venue. While this impact is real for those people, it is a question of the size of this impact on those who are unlikely to access the venue, relative to the social benefit derived from venue patrons. There is no evidence at this time of opposition to an increase of 20 machines in an existing venue. There are negative effects associated with a possible increase in problem gambling behaviour; however the risk in this case is small. The venue is considered a destination venue due to the wide range of facilities it offers its patrons, with established policies and experience staff able to minimise potential risks. When weighing up the potential risk factors such as surrounding uses (any areas of low disadvantage, and the minimal increased access to gaming) negating factors also need to be considered including the venue being removed from core retail areas; modest existing and future gaming expenditure levels, no new venue in the municipality will be generated by the application; the relationship between staff, management and the community; and the policies and procedures of an experienced operator has in place to minimise problem gambling risk. It is noted that a number of the benefits identified by the applicant are dependent on the proposed major redevelopment that is yet be approved. Evidence obtained by the City of Greater Bendigo is not consistent with this assessment and in fact shows the net social and economic benefit will be detrimental. Social Impact A social impact survey was made available to all residents to complete online, residents could also request hardcopies, and 71 people completed the survey. Results show that 86.4% of survey respondents did not want additional EGMs installed at the Shamrock Hotel. Survey results also indicated that there will be significant negative impact on current positive levels of wellbeing, happiness, and contentment if EGMs are installed at The Shamrock Hotel.
78.8% of respondents rated their current levels of wellbeing as either high or very high (41 and 15 respondents respectively), while 21.1% of respondents rated their current levels of wellbeing as moderate. 27.3% of respondents indicated their wellbeing would not change if additional EGMs are installed at the Bendigo Stadium while 72.7% of respondents indicated their wellbeing would decrease or greatly decrease (33 and 15 respondents respectively).
PAGE 106
Liveability – Reports
Ordinary Meeting - 12 February 2014
A significant number of respondents (82%) indicated that the introduction of the additional 20 EGMs will have a negative impact on the social character of the area. Two thirds of respondents opposed to the installation of EGMs chose to add additional comments on their reasons for their opposition. Of particular concern is the impact the additional machines will have on the problem gamblers, there is already enough poker machines, existing machines at the venue are not fully used, the cost far outweigh benefits, low community contributions and there are other ways to fund redevelopment. Ian Pinge1 has calculated the annual social costs from problem gambling based on worker productivity loss, additional costs to the health system and the cost of crime linked to EGMs to be $37.5 million for the estimated 3,500 problem gamblers in Bendigo. Even working on a conservative estimate and costing of only eight problem gamblers in Golden Square (that were identified in The Foundry submission), the annual social costs for these eight people of $85,691 does not balance against the proposed annual community donations of $100,000 plus (this will increase to $130,000 if this application is successful). Compared to the City of Greater Bendigo, more people in the suburb of Bendigo are: renting privately; have a lower household income; experiencing housing stress; live in higher density housing; paying a higher mortgage and rent payment; from non-English speaking background; hold a university degree; unemployed; living in a different address than 5 years ago; over 65 years old; youth who are unemployment; Karen Refugees; disengaged youth; live in dwelling of two bedrooms or less. In relation to problem gambling information received from St Luke's Anglicare: 84 people accessed financial counselling services over the past twelve months due to issues with problem gambling. Of new contacts made to the service 44% specifically identified EGM related problems. Problem gaming resulted in lack, loss or conflict of personal relationships, family breakdowns and conflict and family violence. 1
Pinge, I. (2008) Electronic Gaming Machines in Bendigo 2008- assessing their economic impact
Economic Impact In addition to assessing the social impact of the proposal, the City of Greater Bendigo is also required to decide whether the anticipated economic impact of the proposal on the municipal district will be neutral, beneficial, or detrimental.
A survey undertaken by The Shamrock Hotel show that peak utilisation of the existing gaming machines occurs on average for 10 hours per week (this is when 34 or more EGMs are being used). The projected rate of revenue growth for the venue at 10% is notably higher than Greater Bendigo adult population growth rate of 1.8% (Estimated Resident Population between 2011 - 2012). Anticipated strong growth is due to the significant renovations that will improve the accommodation and patronage at the venue, this is the opinion of the expert advisor and there is no evidence stated to support this assumption. A transfer rate of between 60% to 65% is a wide range.
PAGE 107
Liveability – Reports
Ordinary Meeting - 12 February 2014
Problem gamblers spend significantly more than the average person on gaming. The significant social costs of problem gaming is estimated to be at least $4.7 billion a year nationally. Applying the national averages to Bendigo in 2011 76,355 adults, 4% = 3,054, would be regular gamblers and of this 15% (458) people would be problem gamblers. Representing $18 million or $39,301 per problem gambler in Bendigo. Not all The Shamrock Hotels revenue is derived from gambling, their turnover is split between food and beverage sales 45% to 55%, accommodation 25% and gaming 30%. When EGMs are considered in isolation from all ancillary hospitality, sports and entertainment activities, the activity is highly capital intensive, does not support many jobs relative to revenue and spends very little on local intermediate goods and services. This money spent in other sectors such as retail trade, food services, and arts and recreational services would create more direct local jobs, and have considerable flow on benefits.
There is data that challenges the assumptions made by the applicant who provides evidence of numbers of jobs and local supply expenditure. If the same amount of money was invested in an alternate sector, the economic benefits to the community would be of a significantly higher order. This is demonstrated by Ian Pinge’s economic modelling which found that in 2008, “the net benefit of closing down all 547 EGMs and allocating spending and saving would be a net gain to the Bendigo economy of $20 million and an additional 207 jobs.” Two reasons for this are that the job intensity associated with gambling expenditure is quite low compared with other industry sectors and a relatively small percentage of total output is spent on inputs. Additionally, there is a high level of leakage out of the regional economy through State taxes and payment to machine operators. In summary, the main economic costs as calculated by Ian Pinge are:
Measurable social costs are estimated at a further $30 million; and Total annual losses based on lost output and social costs are $58 million.
Priority/Importance: This is a high priority as the submission is due to the VCGR by the January 31, 2014 and no extension of time was sought. Risk Analysis: The proposal to install an additional 20 EGMs at the Shamrock Hotel has attracted media attention, highlighting community concern with the proposal. There is an expectation that Council will listen to and respond to community concerns. Results from the social impact survey on The Shamrock Hotel application indicate that the majority of respondents were opposed to the installation of EGMs and believe it would have a negative impact on the character of the area and their current high levels of community wellbeing. Options: To fulfil the VCGR's Submission Form requirements, Council must decide whether it does or does not support the application by the Shamrock Hotel to the VCGR for approval to increase the number of EGMs at the venue from 45 to 65. This decision determines how to proceed with the economic and social impact submission to the VCGR. PAGE 108
Liveability – Reports
Ordinary Meeting - 12 February 2014
If Council does not support the application, then the economic and social impact submission which has been prepared can be sent to the VCGR. If Council supports the application, there is value in submitting the economic and social impact submission to the VCGR to assist in its deliberations. Consultation/Communication Internal Consultation: Meetings with staff External Consultation: Liaison with St Luke’s Anglicare Social impact survey Liaison with VCGR Conclusion The work undertaken by the City of Greater Bendigo has determined that the anticipated economic and social impacts of the proposal will be detrimental to the municipal district. It has also been found that the proposal only satisfactorily meets two out of five of the decision making guidelines contained in the City of Greater Bendigo Gaming Policy. Resource Implications The survey and preparation of the submission has been time consuming and Council can be heard at the subsequent public hearing. If this is the case the City of Greater Bendigo will need to pay for legal representation - hearings typically take anywhere between one day and two weeks. If the finding is contested either by Council or by the applicant, there may be further costs for representation at VCAT. Additional costs will include: Officer time; and Payments to expert witnesses to strengthen the economic and social impact analysis. Attachments Nil
PAGE 109
Liveability – Reports
Ordinary Meeting - 12 February 2014
RECOMMENDATION That the Greater Bendigo City Council resolve to advise the VCGR that: 1. The overall net economic and social impact of the gaming proposal is detrimental and therefore Council does not support the application by The Shamrock Hotel. 2. Council has formed the view that, even if an approval were granted, additional EGMs could not be installed and operated at The Shamrock Hotel by reason of the effect of clause 52.28 of the Greater Bendigo Planning Scheme. Council submits that its opposition to the grant of an approval for the increase of EGMs.
PAGE 110
Liveability – Reports
Ordinary Meeting - 12 February 2014
3.2 NAMING BENDIGO'S NEW COMMUNITY THEATRE Document Information Author
Rachel Lee, Manager Major Projects
Responsible Director
Stan Liacos, Director City Futures
Summary/Purpose The purpose of this report is to recommend that the new Bendigo Theatre being constructed at the site of the former Bendigo Gaol be named Ulumbarra Theatre, and that Ulumbarra Theatre be submitted to the Office of Geographic Names (Victoria) for official gazettal. Policy Context Council Plan: 1.2. Significant projects that will transform the City over time are completed as planned. 1.2.3 Continue development of the Community Theatre by working with DEECD and BSSC to achieve a mutually agreed name, construction program and budget that encompasses streetscape / public realm design and documentation. Background Information For some four years now, an “all levels of government” collaboration has developed that will see the realisation of a long-held civic dream in Bendigo – an A-Grade 1,000-seat Community Theatre. The main uses for the community theatre would be from and for: •
Bendigo Senior Secondary College – assemblies, productions and their performing arts teaching program;
•
Other schools from across the region including La Trobe and Monash Universities, Bendigo TAFE, Catholic College Bendigo, Girton Grammar Bendigo, Crusoe, Weeroona, Eaglehawk and BSE Junior Secondary Colleges, Victory and Creek Street Christian Colleges, and various Primary Schools - for productions, concerts, speech and awards nights, graduations etc;
•
Entertainment – Music concerts, performing arts, dance productions, comedy etc;
PAGE 111
graduations,
lectures,
Liveability – Reports
Ordinary Meeting - 12 February 2014
•
Corporate and community gatherings – AGMs, mass staff meetings and rallies, gala awards nights etc; and
•
Conferences and conventions.
The primary objectives of the project are to: • Develop a quality theatre for the use of our growing and diversifying regional community; •
Accelerate the economic and social development of the region through the enhancement of our region’s liveability, tourism appeal, provision of quality services and facilities, and reduced escape expenditure from the region;
•
Grow our emerging status as a major regional city that is well placed to provide quality education, corporate, arts and associated activities;
•
Capitalise on a rare opportunity for all three levels of government to collaborate to achieve a major regional initiative; and
•
Activate the currently dormant historic former Bendigo Gaol – which would otherwise sit idle and disused in the centre of Bendigo (and not accessible to the general community).
The project is under construction with completion forecast for early 2015. Previous Council Decision(s) Date(s): Council granted a planning permit for construction of the new theatre in August 2012 which was later incorporated into the Greater Bendigo Planning Scheme by the Victorian Planning Minister. In December 2012, Council agreed as follows: •
Authorisation of the CEO to execute the Joint Use Agreement between Council and the Victorian Minister for Education and Bendigo Senior Secondary College Council;
•
Endorsement of the promotion and conduct of a Public Open Day of the former Bendigo Gaol and theatre project site in association with BSSC in March 2013; and
•
Facilitation of a Public Naming Process for the community theatre commencing at the time of the Public Open Day in March 2013.
Report The public call to submit ideas for an appropriate name for the new theatre commenced at the former Bendigo Gaol’s Open Day on 23 March 2013 where over 8,000 people attended.
PAGE 112
Liveability – Reports
Ordinary Meeting - 12 February 2014
Advertising and media articles appeared locally with regard to how the community could make their suggestions. Entries closed on 30 April, 2013. Some 250 submissions were received either by email, online or in hardcopy. These names were then assessed against the Victorian Government’s Geographic Names 2010 Version 2 process before being distributed amongst key project stakeholders for shortlisting. The names were refined into four categories representing key creative elements: 1. Architectural:
Tower Theatre
2. Indigenous:
Ulumbarra Theatre
3. Theatrical:
Rosalind Theatre
4. Historic:
Sandhurst Theatre
These names were further refined to two by the Bendigo Theatre Project Control Group after a branding exercise was undertaken to ensure the proposed names were applicable for marketing. The selection of Tower Theatre and Ulumbarra Theatre were then reviewed again by the project’s key stakeholders including Council with all indicating their preference for the new community theatre to be named Ulumbarra Theatre. Ulumbarra in the language of the indigenous Dja Dja Wurrung people means gather together or meeting place which was deemed significant as the new theatre will be one of the region’s premier meeting places for the community to gather together. A large number of submissions through the public process had called for either Ulumbarra or an appropriate indigenous name. Consultation took place with both staff and Board Members from the Dja Dja Wurrung Clans Aboriginal Corporation with formal support finalised in October 2013. The announcement of the proposed name took place at the Dja Dja Wurrung’s Settlement Ceremony in November 2013. Comments from key stakeholders at the time included: Deputy Prime Minister and Minister for Infrastructure and Regional Development, Warren Truss - said the theatre development was an exciting one for the wider Bendigo region as when completed would provide the wider Bendigo region with a fantastic new asset to attract performances and events to the region. He believed the new name had been well chosen, had a connection to the land and would allow the theatre to be positively marketed.
PAGE 113
Liveability – Reports
Ordinary Meeting - 12 February 2014
Victorian State Minister for Education Martin Dixon - said the name Ulumbarra embodied the concept of coming together, with the broader community and school students uniting to enjoy theatre, music, comedy and dance performances and that also reflected the nature of the development in that it draws together a variety of community uses and functions on the one site. Chair of Dja Dja Wurrung Clans Aboriginal Corporation Graham Atkinson - said this was the start of a really important positive partnership and relationship with the Ulumbarra Theatre and that they encourage other groups to use their culture in a similar positive way. The name also received a great deal of positive media attention. Following the announcement of the proposed name and media advertising a formal public notice was placed in the Bendigo Advertiser (23 November 2013) calling for public comment regarding naming the former Bendigo Gaol Ulumbarra Theatre. No submissions were received in response. This now completes the official process with the exception of final endorsement from Council before being lodged with Office of Geographic Names Victoria for official gazettal. Resource Implications N/A
RECOMMENDATION That Greater Bendigo City Council resolve to endorse Ulumbarra Theatre as the official name for Bendigo’s new Community Theatre and to submit this to the Office of Geographic Names (Victoria) for gazettal.
PAGE 114
Productivity – Reports
4.
Ordinary Meeting - 12 February 2014
PRODUCTIVITY
4.1 SALE OF COUNCIL OWNED LAND - 24-26 PALL MALL, BENDIGO (FORMER BENDIGO MINING EXCHANGE) Document Information Author
Philip DeAraugo, Activity Centres Place Manager
Responsible Director
Prue Mansfield, Director Planning and Development
Summary/Purpose It is intended that the former Bendigo Mining Exchange (BME), which forms part of the Beehive Building in Pall Mall, be sold to the private sector to enable it to be restored and reused. This report recommends Council endorse the Expression of Interest process as the preferred way of identifying a purchaser and to commence the process by giving notice of its intention to sell the property. Policy Context Council Plan Reference: The 2013-17 Council Plan includes Strategic Objective 4.4 Strengthen the links between Greater Bendigo’s past and future by protection and contemporary re-use of our heritage assets. The Plan also includes Action 5.2.1 Implement the Surplus Property Disposal Plan. Both are of relevant to this project. The previous Council Plan (2012 update) included an action to complete a Development Plan for the Beehive / Bendigo Mining Exchange Complex to make the site development ready. This has now been completed. Strategy Reference: The Bendigo CBD Plan (2005) is about getting more people into the city centre for longer. The Plan identifies the Beehive Building within the Specialty Retail Core and a refurbished Allan’s Walk as providing opportunities for small scale retailing within a heritage setting. The reuse of this building is expected to be a significant drawcard for this precinct and is likely to stimulate further private sector investment in central Bendigo, which in turn will contribute to implementing the vision of the Bendigo CBD Plan of getting more people into it for longer. Related Legislation and Guidelines: Local Government Act 1989 (Vic) (S189 & S223) Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land 2000 (Department of Planning and Community Development)
PAGE 115
Productivity – Reports
Ordinary Meeting - 12 February 2014
Background Information The BME forms part of the larger Beehive Building Complex that is located in Pall Mall, Bendigo. The BME is centred on what is known as Allan’s Walk and extends from Pall Mall midway through the block towards Hargreaves Mall where a different land parcel in private ownership continues the walk through to the Mall.
Figure 1: The Beehive Building (red dashed outline) and the former Bendigo Mining Exchange (yellow dashed line)
Figure 2: Site context plan showing the location of the Bendigo Mining Exchange
PAGE 116
Productivity – Reports
Ordinary Meeting - 12 February 2014
The BME was built in 1872 and is the oldest known purpose built stock exchange in Australia. It was designed by prominent architect Charles Webb, who also designed the similarly detailed Royal Arcade in Melbourne. While the first and second levels of the BME have not changed significantly since it was built, the ground level underwent a significant ‘adaptive reuse’ in the late 1920s when the current Allan’s Walk shopfronts were introduced. Prior to the shopfronts, the ground level was essentially an open floor plan extending from building line to building line with two rows of ornate cast iron columns running parallel through the centre of the building. The columns are still in place, however all but one have been boxed in and are now hidden from view. The ground level was designed to be open plan to enable it to operate as the trading floor for the exchange with the brokers’ offices above. By the 1920s the trading element had disappeared and a new use for the ground level was needed. In 1929, shopfronts were installed which changed the layout from an open plan to a shopping arcade. The shopfronts include black marble bases, copper framed doors and windows and leadlight highlight windows that extend around 1.9m in height to the ceiling above. Much of the 1929 shopfronts are still intact, but as with the columns many of the decorative features have been altered, painted over or hidden from view by the 1960s additions when the open voids between the ground level and first levels were closed and the suspended ceiling installed. While many of the Allan’s Walk shops have a long history of being tenanted, the building was left to slowly deteriorate and the upper levels have been closed for many decades. Issues relating to stormwater and damp were common. With the assistance of a grant from the State government in December 1999, the City was able to purchase the BME from the previous owners. The grant was provided on the basis that the City would take on a stewardship role with the building. This meant undertaking essential repair works to reverse the deterioration of the building, to identify a preferred long-term future use for the building and to get the building ‘investment ready’. The following is a list of the key pieces of work that have been completed as part of the City’s stewardship role:
Prepared a Conservation Management Plan to guide restoration works A full restoration of the roof, glass lanterns, chimneys and finials Structural repair of the failed suspended floor beam and roof truss Stormwater drainage installed Fire detection services installed A masterplan and business case prepared The Pall Mall façade restored Architectural drawings prepared Heritage Victoria permit for the restoration lodged
Relatively recently, and for the first time since the original drawings were produced (which have never been found), architectural drawings have been prepared that enable the vision for the building to be visually expressed and communicated. The detailed plans, elevations and 3D visualisations have been guided by the Conservation Management Plan, many discussions with Heritage Victoria and various experts who have a passion for this building.
PAGE 117
Productivity – Reports
Ordinary Meeting - 12 February 2014
The restoration plans incorporate elements from both the original 1872 layout as well as from the 1929 layout. This is the preferred restoration approach as it helps tell the history of the building and its various stages of development. The proposed layout retains the shopfronts at either end of the building and opens up into an open plan layout in the centre of the building to take full advantage of the reinstatement of the voids and the views that are offered to the upper level and the glass lantern roof above. It will also allow the original decorative cast iron columns to be revealed and decorative brackets and balustrading to be reinstated. Once restored it truly will be spectacular and is likely to become one of Bendigo’s most valued and visited heritage buildings. The BME is now structurally sound and waterproof. There is an agreed plan for the future restoration that has been tested with property experts, and the property has been ‘derisked’ to the level that there is now a level of interest from the development and investment sector that has not been there in the past. In essence, the City is close to completing its stewardship role and is ready for the building to once again be in private ownership subject to it being restored to the standard befitting its importance as Australia’s oldest known purpose built mining exchange. Report As mentioned above, the BME was purchased with the assistance of the State government on the basis that the City committed to taking on a stewardship role that would result in securing the long term future of the building. It has taken around 14 years to be able to achieve this, but the City is close to fulfilling its obligations and the final task is to complete the sale of the building to a developer with the capacity and capability to restore and reuse the site in accordance with the constraints and opportunities that this 142 year old building brings with it. The best result for the City is that the building is sold to the purchaser who demonstrates the best outcome for the building and the broader central Bendigo precinct. For this reason the following criteria have been prepared and will be part of the decision making Expression of Interest (EOI) process:
Capacity to deliver the restoration within a set time frame to an agreed methodology Capability to deliver to the standard required through demonstrated experience with heritage buildings Understanding the heritage context including the Heritage Victoria permit conditions and the objectives of the Conservation Management Plan A proposal that generates high levels of activation and contributes to the broader retail environment An indicative purchase price or value of the project.
The full suite of EOI documents, including an associated marketing campaign are currently being finalised and will be made available shortly. However, the first step in the process is to give public notice of Council’s intention to sell the property and to provide for submissions to be lodged and heard by a committee of councillors. The process that must be followed is outlined in the Local Government Act 1989 and is summarised below.
PAGE 118
Productivity – Reports
Ordinary Meeting - 12 February 2014
Sections 189 and 222 combine to require the Council to: Place a Public Notice of its intention to sell land at least four weeks prior to selling Consider all submissions received and provide a person with the opportunity to be heard in relation to their submission should they request to be heard Have a valuation that is no more than six months old at the time of the sale completed by a Certified Practicing Valuer. Priority/Importance: It is important to continue to progress the sale of this property to enable it to be restored as soon as possible, which in turn will help stimulate additional private sector investment into central Bendigo. However, time is required to move methodically through the EOI process and ensure that the property ends up in the hands of an owner who understands the constraints and opportunities that this building presents. A holistic approach to its restoration and reactivation is required. Options/Alternatives: There are three options available to Council. It can agree to progress the EOI process as recommended in this report; it could recommend another sale process; or it could decide not to progress the sale of the property. The first two options both require public notice of Council’s intention to sell the property to be given as the first step in the sale process. Timelines: The public notice of Council’s intention to sell the property can be actioned within two weeks of Council resolving to progress the sale of the BME. It should be noted that a contract of sale cannot be entered into until at least one month after the publication of such notice. The Heritage Victoria permit application has been lodged and is expected to be granted towards the end of February 2014. The EOI documents cannot be finalised until the permit is received, as this is the critical approval which outlines the extent of the restoration and on what the contract of sale will be based on. A legal agreement is also being prepared that ties the sale of the property to the timely restoration of the BME. This is to ensure that the building does not sit empty for any longer than is necessary. The crux of the agreement is that if satisfactory progress is not made then the sale will be annulled. Agreements such as these are only used when a particular outcome is required to be achieved for the benefit of the community. The City has used a similar condition in recent years to good effect (with a site in Rowe Lane, Maiden Gully). All potential purchasers will be aware of the agreement from the start of the EOI process. At this stage it is proposed that the property will be marketed in March and April and the shortlisting of potential purchasers shortly after. It may take a several months to negotiate the sale from this point, but it could be expected that the sale and transfer of this property could be completed within six months of commencing the process.
PAGE 119
Productivity – Reports
Ordinary Meeting - 12 February 2014
Risk Analysis: Risk
Mitigation
Heritage Victoria does not issue a permit Continue discussions with Heritage that allows the restoration and use as Victoria until such time as the permit is proposed in the architectural drawings issued. Should changes to the plans be required that would impact on the restoration it may require the EOI process to be delayed until agreement can be reached with Heritage Victoria. There is significant public concern that the Clearly express the benefits of the building will no longer be in public building being returned to private ownership ownership (as the vast majority of heritage buildings are) during any media. The cost to restore the building to the standard required is not financially feasible
Cost estimates for the restoration will be included in the EOI documentation, however potential purchasers will be required to undertake their own due diligence and project feasibility and argue their case as part of the EOI process.
Unexpected structural issues mean that the development cannot proceed as planned
There is very little structural work required to complete the restoration as planned, however any heritage restoration brings with it unknowns which need to be factored into the contingency budget allocation. Any changes will need Heritage Victoria’s approval.
The time taken to restore the building has This needs to be addressed in the a detrimental impact on adjoining restoration methodology proposed by properties and city centre visitation potential purchasers. A degree of short term disruption in the immediate area will need to be accepted to get the long term benefit of the restoration. A communication plan will be needed and implemented. We fail to find a purchaser willing to develop the property as required by the Heritage Victoria permit
The property would remain in the City’s hands for the time being and essential repairs and maintenance costs could be covered by rents received from the existing tenancies.
PAGE 120
Productivity – Reports
Ordinary Meeting - 12 February 2014
Consultation/Communication Internal Consultation: Given the BME has been in City ownership for 14 years, there have been a number of different people from across the organisation involved during the different pieces of planning and repair work. The one consistent staff member who has been involved from the start is the City’s Architect, Don Goldsworthy. Mr Goldsworthy knows this building from top to bottom and in essence has been the steward and strongest advocate for the property. In recent years a small working group including the City’s Architect, Manager Building and Property, Heritage Architect / Advisor, Strategic Property Analyst and Activity Centres Place Manager have been working to get the property to the stage that it is now ready to be sold. External Consultation: The majority of external consultation has occurred with the various tenants of Allan’s Walk as well as with Heritage Victoria. The overwhelming sentiment is that people are excited by the possibility of the restoration, and although the tenants are aware that this will impact on them directly, they believe that the restoration of the BME is an important project that needs to be progressed. The tenants will be continually informed on what is happening with the potential sale of the building. Discussions have also been held with surrounding property owners, including the city centre’s anchor retailer, Myer, with real estate agents and several property developers. As with the tenants, the overwhelming view is that the restoration is an exciting project that could also work from a financial perspective (as a longer term investment). It has been highlighted that the cost to restore the building will be high for the small amount of leasable floor area that is available and that to secure the future of the building then the sale price needs to be considered in light of the costs of the restoration. Historic photographs were also provided by members of the Heritage Advisory Committee, which have helped to document the design of the original verandah. An opportunity for the general community to comment on the proposed sale will be provided concurrently with the EOI process. Submitters will be able to present their submission to a committee of councillors should they want to. Resource Implications Budget Allocation in the Current Financial Year: $13,661 has been spent on this project in the current financial year. This has delivered a detailed cost plan, valuation report and Title searches. Further expenditure of around $35,000 will be incurred to prepare the legal agreement and to engage a real estate agent to market the property. Other EOI documentation will be prepared in-house.
PAGE 121
Productivity – Reports
Ordinary Meeting - 12 February 2014
Previous Council Support: Significant resources have been allocated to this property over the 14 year period that the City has owned it. In total $1,054,363 has been spent on essential repairs and maintenance. More recently $25,000 was spent on preparing the architectural drawings that have enabled a Heritage Victoria application to be lodged. Staff time is not included in these costs. External Funding Sources: A grant for $336,000 was received from the State government to cover the purchase price of the property. A further grant of $85,000 was received from Heritage Victoria in 2004 that contributed to the repair of the glass lantern roof. The façade restoration was funded by the City with the major adjoining Beehive property owners contributing $60,000 towards the cost via a delayed contribution agreement. Current Estimate or Tender Price: NA Any known or anticipated variance to budget: NA Projected costs for future financial years: It is likely that Heritage Victoria will require a detailed archival quality photographic record to be produced by the City. This should occur prior to the settlement of the sale and a budget allocation of approximately $10,000 will be required in the 2014/15 financial year. Any ongoing recurrent expenditure required: None, assuming the property is sold. If it is not sold then essential repairs and maintenance will be required. This may be offset by any rent that is received. Conclusion The former BME is a fantastic heritage building that helps tell the story of Bendigo’s development through its impressive architectural expression. Once restored it has the potential to become one of Bendigo’s most visited heritage buildings and to help drive private sector investment into the heart of the city centre. The City has rescued this building from sliding into an unrepairable state and has invested a considerable amount of human and financial resources to get it to the stage that it is now a viable option for it to be returned to private ownership. The final stage in the City’s stewardship role is to sell the building to an owner who is capable of delivering the project to the standard that this building deserves. Given the amount of private sector interest that has recently been shown, it is likely that this will now become a reality. Attachments Nil
PAGE 122
Productivity – Reports
Ordinary Meeting - 12 February 2014
RECOMMENDATION 1. That Greater Bendigo City Council resolves to sell Certificate of Title Volume 9231 Folio 006, commonly known as 24-26 Pall Mall, Bendigo subject to Section 223 of the Local Government Act 1989; 2. That Council authorise public notice of its intention to sell the above property in accordance with Section 189 of the Act; 3. That Council nominate three Councillors to hear any submissions in relation to the sale of the above property; 4. That if no submissions are received, the above property be sold via an EOI process and that the Council authorise the Chief Executive Officer to sign and seal all relevant sale documents.
PAGE 123
Sustainability – Reports
5.
Ordinary Meeting - 12 February 2014
SUSTAINABILITY
Nil.
PAGE 124
Good Governance and Decision-Making – Reports
6.
Ordinary Meeting - 12 February 2014
GOOD GOVERNANCE AND DECISION-MAKING
6.1 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 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. 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.
PAGE 125
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
Report Meeting Name/Type Meeting Date Matters discussed
Councillors Staff/ Community Representatives
Meeting Information Bendigo Easter Festival Advisory Board Meeting 11 November, 2013 1. Volunteer Pilot Training Program 2. Parade Route Review 3. Staff report 4. Bendigo Easter Fair Society AGM Attendees/Apologies Cr Rod Fyffe Apology: Cr Helen Leach Mr Terry Karamaloudis Mr Raph Beh Mrs Lyn Brown/ Mr Gary Frank Ms Fiona Chibber Mr Ken Deveraux Mr Paul Prendergast Mr David Wright Mr Barry McDowell Mr Paul Rohan Apologies: Mrs Helen Yorston Mr Rory Somerville
Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil
PAGE 126
Good Governance and Decision-Making – Reports
Meeting Name/Type Meeting Date Matters discussed
Councillors
Staff/ Community Representatives
Ordinary Meeting - 12 February 2014
Meeting Information Councillors’ Forum 15 January, 2014 1. Planning matters and review of draft Ordinary Meeting Agenda 2. Briefing on Gaming Machine Applications 3. Eaglehawk Development Group 4. Update on Community Chef 5. Rosalind Park 6. Rose of Australia and Crown Hotels 7. Howard Street development 8. Underground water 9. Bendigo Creek levee bank 10. Fire hydrant wall at Atkins Street 11. Insurance for rural halls 12. Strathfieldsaye traffic issues 13. Bus stops 14. Kerb and pram crossings 15. Levee for maintenance of public open space 16. Retardation basins 17. Golden Square pool 18. Strathfieldsaye developer contributions 19. Pedestrian crossing at Heathcote 20. Vehicle use of Railway Reserve Road 21. O’Keefe Trail financial position 22. Haven development – Somerville Street 23. Bendigo Weekly reporting on ITLUS 24. Sustainability Business Unit 25. Senior Citizen’s parking – Crook Street 26. Hopley matter 27. Knape Street 28. Crown Reserve, North Bendigo 29. Rosalind Park bats 30. Presentation on the Beehive building 31. Independent Review Progress report 32. Debrief on Rosalind Park incident 33. CEO Performance Plan Attendees/Apologies Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Mr Stan Liacos Ms Pauline Gordon Ms Marg Allan PAGE 127
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
Ms Prue Mansfield Mr Brett Martini Mr Peter Davies/ Mrs Alison Campbell Apologies: Mr Craig Niemann Mr Darren Fuzzard Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting 4. Cr James Williams Yes
Meeting Name/Type Meeting Date Matters discussed
Councillors Staff/ Community Representatives
Meeting Information Bendigo Easter Festival Advisory Board Meeting 20 January 2014 1. Parade Route Review 2. Improvements and recommendations for 2014 Bendigo Easter Festival – update report 3. Staff report 4. Rosalind Park 5. Chinese New Year celebrations 6. Grant opportunity open from Tourism Victoria Attendees/Apologies Cr Rod Fyffe Cr Helen Leach Mr Terry Karamaloudis Mr Raph Beh Mrs Lyn Brown/ Mr Gary Frank Ms Fiona Chibber Mr Ken Deveraux Mr Paul Prendergast Mr David Wright Mr Barry McDowell Mr Paul Rohan Mrs Helen Yorston Apology: Mr Rory Somerville
Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil
PAGE 128
Good Governance and Decision-Making – Reports
Meeting Name/Type Meeting Date Matters discussed Councillors
Staff/ Community Representatives
Ordinary Meeting - 12 February 2014
Meeting Information CEO Performance Plan Meeting 22 January, 2014 1. CEO Performance Plan Attendees/Apologies Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Mr Peter Davies/ Mrs Alison Campbell Apologies: Mr Craig Niemann
Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil
Meeting Name/Type Meeting Date Matters discussed
Councillors
Staff/ Community Representatives
Meeting Information Consultation meeting 17 December 2013 Planning application AM/139/2012/A 3 Lot Subdivision 12 Lyons Street, White Hills Attendees/Apologies Cr James Williams Cr Lisa Ruffell Apologies: Cr Peter Cox Liz Commadeur Peter Brasier Applicant Objectors
Conflict of Interest disclosures Matter Councillor/officer making disclosure Councillor/officer No. meeting Nil
PAGE 129
left
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
RECOMMENDATION That Council endorse the record of assemblies of Councillors as outlined in this report.
PAGE 130
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
6.2 AUDIT CHARTER Document Information Author
Nicole Ashby, Senior Financial Accountant
Responsible Director
Marg Allan, Director Organisation Support
Summary/Purpose To adopt the revised City of Greater Bendigo (CoGB) Audit Charter. Policy Context Council Plan Reference: Council Plan 2013-2017: 5.1 Council demonstrates good governance and leadership. Council Policy Reference: Audit Committee Charter. Background Information The CoGB’s Audit Committee Charter is to be reviewed annually. The Charter was last reviewed in May 2012. The annual review also included the incorporation of recommendations from the 2012/2013 Interim Management Letter issued by CoGB’s external Auditors Johnson’s MME. Previous Council Decision 23 May 2012 - Current Charter adopted by Council. Report Audit Charter: The members of the Audit Committee met on 12 December 2013 to undertake the annual review of the Audit Charter and consider recommendations made by the external auditors. The following changes and inclusions to the Audit Charter are recommended to Council by the Audit Committee: PAGE 131
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
1. Include additional Risk and Other Significant Matters as recommended in the 2013 Interim Audit Management Letter. 2. Include review of Insurance Liability and Professional Indemnity Cover as one of the Audit Committee's duties. 3. The performance of the Audit Committee is to be reviewed in the final quarter of the calendar year rather than in November. 4. The Audit Charter to be reviewed in the final quarter of the calendar year rather than specifically in November. Conclusion The Audit Charter has been reviewed by the Audit Committee and amendments are recommended to Council for adoption. Attachments 1.
Audit Charter
RECOMMENDATION That the Greater Bendigo City Council adopt the revised Audit Charter as recommended by the Audit Committee.
PAGE 132
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
AUDIT CHARTER
FEBRUARY 2014 GREATER BENDIGO CITY COUNCIL AUDIT COMMITTEE CHARTER February 2014 1.
Background Section 139 of the Local Government Act (1989) requires that each Council establish an Audit Committee. The Audit Committee is a formally appointed Advisory Committee of Council and is responsible to that body. The Committee's role is to report to Council and provide appropriate advice and recommendations relevant to its charter in order to facilitate decision making by Council in relation to the discharge of its responsibilities. The Audit Committee plays a key role in assisting Council to fulfill its governance and overseeing responsibilities in relation to financial reporting, internal control, risk management system, ethical accountability and the internal audit function. The Audit Committee does not have executive powers or authority to implement actions in areas over which management has responsibility and does not have any delegated financial responsibility. The Audit Committee does not have any management functions and is therefore independent of management. The Audit Committee does not have any role in relation to issues normally addressed by Council or a sub-committee of Council, which may have delegated powers and financial management responsibilities in relation to budgets, financing decisions and expenditure priorities. The Audit Committee is a separate activity and acts independently of Council and does not have any role in relation to financial management issues or have any executory role or powers.
2.
Objectives The main objectives of the Audit Committee are to assist the Councillors, management and staff by providing independent appraisals of:
Internal control systems; The arrangements in place to safeguard assets and resources; The efficiency and cost effectiveness of the use of assets and resources; Compliance with legislative requirements and Council's policies and procedures; The integrity of information; Organisational effectiveness in terms of program efficiency and economy against the Corporate Plan; The effectiveness of the internal and external audit functions and the communication between the external auditor, internal audit, management and the Council; and
PAGE 133
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
To provide timely advice to Council on any matters which may be referred to it by Council. 3.
Legal Status The Committee is not a special committee under Section 86 of the Local Government Act (1989). It is an advisory committee for the purposes of the Act.
4.
Duties External Audit o To obtain and review a copy of the external audit annual plan; o To review the performance of the external auditor; o To discuss matters arising from the external audit with the external auditor; o To review the Annual Financial Statements prior to their approval by Council; o To recommend to Council the adoption of the Annual Financial Report (which includes the Financial Statements, Performance Statement and Standard Statements); o To make comment on management's response to the external auditor's report; o To monitor the implementation by management of the external auditor's recommendations which are adopted by Council; o To meet with the external auditor as required; and o To obtain a copy of the Auditor General's Annual Report for review and comment. Internal Audit o To recommend to Council the contents of the tender specification for the provision of internal auditing services; o To make recommendations to Council on the appointment and remuneration of the internal auditor; o To undertake a three yearly assessment of significant risks and exposures to establish the priorities for Internal Audit and recommendations to Council for improvement; o To review and recommend to Council an Annual Internal Audit Plan having regard to Council's budget and objectives; o To consider Internal Audit reviews as completed and recommend to Council, actions that result in improved performance in these areas; and o Once per annum, receive a report from the Internal Auditor on completion of items in the Annual Internal Audit Plan and the implementation by management of recommendations adopted by the Committee. Financial Reporting o To work with management to ensure that Council receives reliable, timely, understandable and meaningful financial information; o On a quarterly basis, receive the Council's financial report as presented to the Finance Committee; o To monitor compliance with statutory requirements and Council policy for financial reporting; o To review any litigation, claim or contingency which could have a material effect on the Council's financial position or operating result; and o To obtain a copy of the adopted Annual Council Budget. Accounting and Finance Policies PAGE 134
Good Governance and Decision-Making – Reports
o o o
Ordinary Meeting - 12 February 2014
To consider recent developments in accounting principles or reporting practices that may affect Council; To at least annually review the Council's accounting principles, policies and practices as outlined in the Annual Financial Statements; and To review the Council's Finance policies.
Risk Management o To work with management to achieve a sound and effective approach in managing the Council’s risk; o To assess the impact of the Council’s risk management framework and its control and insurance arrangements; o To monitor that Council has established business continuity planning arrangements; o To review fraud control arrangements and be satisfied that processes and systems in place detect, capture and respond to fraud-related information; and o In relation to fraud, review identified allegations, ongoing investigations and changes to identified fraud risk.
Insurance Liability and Professional Indemnity Cover o To review liability and professional indemnity insurance policies and covers for adequacy; o Receive from management, on an annual basis, a copy of insurance liability and professional indemnity policies and review them for adequacy.
Other Significant Matters o To monitor Council's risk management system and advise Council of any identifiable exposures that are evident to the Committee. o To work with management to embed a culture which is committed to ethical and lawful behaviour; o To review the information included in the Council’s annual report to ensure it is consistent with the signed financial statements; and o To determine if management has considered legal and compliance risks as part of the councils wider council risk management plan. 5.
Relationships The relationship between the Committees, the Council and the External and Internal Auditors is an important one and is summarised as follows. The Council is primarily responsible for the preparation of financial statements of the organisation and the establishment and maintenance of a system of internal controls. It also manages the organisation's affairs, in compliance with applicable laws and regulations. The Audit Committee assists Council in the fulfillment of its duties by overseeing the financial reporting process and interacting with the external and internal auditors on behalf of Council. The Auditor-General, as the external auditor, expresses an opinion on the financial statements prepared by management and may conduct performance audits of activities of the organisation.
PAGE 135
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
The internal auditor forms a part of management's system of internal control.
6.
Membership The Audit Committee will consist of five (5) members, comprised as follows: Three (3) suitably qualified independent representatives. Two (2) Councillors. The Chief Executive Officer, Director Organisation Support, Finance Manager and Senior Accountant are not members, but should attend meetings in an advisory capacity. Council's Internal and External Auditors are to attend meetings as required to present their reports and findings in an advisory capacity.
7.
Appointment of Independent Representatives Appointment of independent representatives shall be made by Council and be for a term of three (3) years. The terms of the appointment should be arranged to ensure an orderly rotation and continuity of membership despite changes to Council's elected representatives. A sitting member is able to reapply and be appointed for subsequent terms. All reappointments following each independent member's second term must be publicly advertised. The independent representatives will have senior business or financial management/reporting knowledge and experience, demonstrated commitment to local communities and be conversant with financial and other reporting requirements. The evaluation of potential members will be undertaken by the Chief Executive Officer and two Councillor representatives taking into account the experience of candidates and their likely ability to apply appropriate analytical and strategic management skills. A recommendation for appointment is then put to Council.
8.
Appointment of a Chairperson The Chairperson shall be appointed by the Committee and must be one of the three external members of the Committee. The appointment of the Chairperson must take place annually at the first Internal Audit meeting after 1 January each year.
9.
Quorum Majority of three (3) members of the Committee, two (2) of which must be independent representatives.
10.
Meetings The Committee shall meet at least four times per year. A schedule of meetings will be developed and agreed to by the members. The schedule of meetings will be provided to the Internal Auditor and should coincide with the audit plan. PAGE 136
Good Governance and Decision-Making – Reports
Ordinary Meeting - 12 February 2014
Additional meetings shall be convened at the discretion of the Chairperson or at the written request of any member of the Committee, Internal or External Auditor. In the absence of the appointed Chairperson from a meeting, the Committee members present will appoint one of the other independent members as an Acting Chairperson. Other members of Council, Council staff or guests may be invited to attend at the discretion of the Committee to advise and provide information when required and deemed appropriate. They shall have no decision voting powers. Management, including the Chief Executive Officer, may be asked to leave a meeting at any time should the Chairperson consider it appropriate. An agenda must be prepared for each meeting and shall include general business for members to raise other matters. Members of the community will be able to request copies of minutes of Audit Committee meetings. At one meeting per year, time will be set aside with only Councillors and the independent members in attendance (no officers in attendance) for the purpose of open discussion with the Internal and/or External Auditors.
11.
Declaration of Conflicts of Interest Declarations of conflicts of interest will be declared at the beginning of each meeting and noted in the minutes.
12.
Reporting The Director Organisation Support shall, after every meeting, forward the minutes of that meeting to Councillors, including a report explaining any specific recommendations and key outcomes if relevant. Prior to 30 September each year, the Chairperson shall report to Council a summary of the activities and achievements of the Committee during the financial year. The Chairperson shall report to Council any other matter the Committee believes needs to be reported to Council.
13.
Rights to Obtain Information The Committee, through the Chairperson, has the right to: Obtain information from any employee and any relevant external party. Contact with management or other personnel will be consistent with Council's Corporate Governance manual/agreed procedure; Access with the Chief Executive Officer at any time; and Recommend the instigation of special investigations to Council.
PAGE 137
Good Governance and Decision-Making – Reports
14.
Ordinary Meeting - 12 February 2014
Remuneration Independent members of the Committee will be offered remuneration for carrying out their duties. The remuneration of independent Audit Committee members is to be determined following benchmarking against similar municipalities.
15.
Confidentiality Committee members shall not directly or indirectly release or make available to any person any information relating to the work or discussions of the Audit Committee of which he or she is a member that is or was in his or her possession except in accordance with such terms and in such a manner as stipulated by the City of Greater Bendigo.
16.
Removal of a Member If the Council propose to remove a member of the Audit Committee, it must give written notice of its intention to do so and afford the member an opportunity to be heard by Council.
17.
Dispute Resolution In situations where a dispute arises between any member of the Audit Committee and officers of Council, the Chairperson will have the opportunity to raise the grievance with the Mayor. The Mayor will have the discretion to resolve the dispute by convening a meeting with the disputing parties.
18.
Review of the Audit Committee Performance The performance of the Audit Committee is to be reviewed annually in the final quarter of the calendar year in November.
19.
Review of the Audit Charter The Audit Charter is to be reviewed by the Audit Committee annually in the final quarter of the calendar year in November.
PAGE 138
Ordinary Meeting - 12 February 2014
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 12.1 Personnel and Contractual Matter RECOMMENDATION That the meeting be closed to the public to consider a report in accordance with Section 89(2)(a) and (d) of the Local Government Act 1989, as amended, relating to a personnel matter and a contractual matter.
PAGE 139