Minutes 2 october 2013 by City of Greater Bendigo

MINUTES Ordinary Meeting of Council 6.00pm Wednesday 2 October, 2013

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

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

NEXT MEETING: Wednesday 23 October, 2013 Bendigo Town Hall

Copies of the City of Greater Bendigo Councilâ&#x20AC;&#x2122;s Agenda & Minutes can be obtained online at www.bendigo.vic.gov.au

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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

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ORDINARY MEETING WEDNESDAY 2 OCTOBER 2013

ORDER OF BUSINESS: ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

CODE OF CONDUCT

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

CR LEACH'S REPORT

DECLARATIONS OF CONFLICT OF INTEREST

CONFIRMATION OF MINUTES

PETITIONS AND JOINT LETTERS

1.1

PETITION: O'KEEFE RAIL TRAIL - HEATHCOTE

2.2

PETITION: LAKE TOM THUMB

PLANNING FOR GROWTH

2.1

54 MUNDY STREET, BENDIGO 3550 - CONSTRUCTION OF A THREE STOREY BUILDING PLUS BASEMENT, USE OF LAND FOR TWO DWELLINGS (WITH A FRONTAGE GREATER THAN TWO METRES AT GROUND FLOOR LEVEL) AND SUBDIVISION INTO 3 LOTS

2.2

64 HAVLIN STREET WEST, QUARRY HILL 3550 - 3 LOT SUBDIVISION, ADVERTISING SIGNAGE, CONSTRUCTION AND USE OF A MEDICAL CENTRE ON BOTH LOTS 1 AND 2 AND CONSTRUCTION OF A DWELLING ON LOT 3

2.3

151 ROWAN STREET, BENDIGO 3550 - DEMOLITION OF EXISTING OUTBUILDING AND 4 LOT SUBDIVISION OF LAND WITH COMMON PROPERTY AND CONSTRUCTION OF 4 TWO STOREY DWELLINGS

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2.4

RESPONSE TO PETITION: UPGRADING OF BRIGHT STREET, EAGLEHAWK

2.5

SPRING GULLY RECREATION PLAN

2.6

ADOPTION OF LODDON MALLEE SOUTH REGIONAL GROWTH PLAN

LIVEABILITY

3.1

REVISED REDESDALE COMMUNITY PLAN 2013

3.2

WOMEN SHOWING THE WAY FORUM 2013

3.3

SPECIAL COMMITTEES OF COUNCIL

PRODUCTIVITY

4.1

1. ANNUAL SNAPSHOT OF OPERATIONS - THE CAPITAL - BENDIGO'S PERFORMING ARTS CENTRE 2012/13

4.2

2. ANNUAL SNAPSHOT OF OPERATIONS - BENDIGO EXHIBITION CENTRE 2012/2013

103

SUSTAINABILITY

108

GOOD GOVERNANCE AND DECISION-MAKING

109

6.1

RECORD OF ASSEMBLIES

109

6.2

AMENDMENTS TO FINANCE POLICIES

117

6.3

REAPPOINTMENT OF INTERNAL AUDIT COMMITTEE MEMBER

120

6.4

CONTRACTS UNDER AWARDED DELEGATION

122

URGENT BUSINESS

123

NOTICES OF MOTION

123

8.1

NOTICE OF MOTION: EAST WEST LINK ROAD PROJECT

123

COUNCILLORS' REPORTS

124

10.

MAYOR'S REPORT

125

11.

CHIEF EXECUTIVE OFFICER'S REPORT

126

12.

CONFIDENTIAL (SECTION 89) REPORTS

127

____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

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Ordinary Meeting - 02 October 2013

ACKNOWLEDGEMENT OF COUNTRY PRAYER CODE OF CONDUCT PRESENT Cr Rod Fyffe (Chair - Part) Cr Lisa Ruffell (Chair - Part) Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann (Chief Executive Officer) Ms Debbie Thewlis (A/Director, Community Wellbeing) Ms Marg Allan (Director, Organisation Support) Mr Darren Fuzzard (Director, Presentation and Assets) Ms Prue Mansfield (Director, Planning and Development) Mr David Lloyd (A/Director, City Futures) Mr Peter Davies (Manager, Executive Services) Mrs Alison Campbell APOLOGIES Mr Stan Liacos (Director City Futures) Ms Pauline Gordon (Director, Community Wellbeing)

MOTION Moved Cr Weragoda, seconded Cr Leach That the apology from Cr Ruffell for part of the meeting be accepted. CARRIED

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Ordinary Meeting - 02 October 2013

SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow a presentation to Ashleigh Hutchins on her recent success in the World Dwarf Games and the conduct of Public Question Time.

RESOLUTION Moved Cr Leach, seconded Cr Weragoda. That Standing Orders be suspended to allow a presentation to Ashleigh Hutchins on her recent success in the World Dwarf Games and the conduct of Public Question Time. CARRIED

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS That Standing Orders be resumed.

RESOLUTION Moved Cr Leach, seconded Cr Chapman. That Standing Orders be resumed. CARRIED

CR LEACH'S REPORT Cr Leach reported on her attendance at the following meetings and events: Ward Meeting Heathcote Launch of Clinical Skills Centre in Mercy Street National Citizenship Day Citizenship Ceremony Planning Consultations Independent Review Meeting

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DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the minutes; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) (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. Nil CONFIRMATION OF MINUTES Minutes of the Ordinary Meeting of Wednesday 11 September, 2013. The following items were considered at the Ordinary Council meeting held on Wednesday 11 September, 2013 at 6:00pm. Planning Scheme Amendment C197 - Rezoning of View Hill, Mackenzie Street, Bendigo to Facilitate Redevelopment, Consider Submissions and Refer to Panel Planning Scheme Amendment C160 and Planning Permit Application DS/594/2012 Rezoning and Subdivision of Land in Duncan Court, Junortoun - Consider Submissions and Refer to Panel Planning Scheme Amendment C195 - Rezoning of Land in Ham and Allingham Streets, Golden Square to Consider Submissions and Refer to Panel 23 Haggar Street, Eaglehawk - 2-Lot Subdivision of Land and Construction of One Dwelling and Carport 8-14 Hakea Road, Huntly - Subdivision of the Land into 33 Lots and the Removal of Native Vegetation 4 Barwon Drive, Kennington - 2-Lot Subdivision of Land and Construction of Two Dwellings

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Ordinary Meeting - 02 October 2013

227-233 and 229 Marong Road, Maiden Gully - Realignment of Boundaries, 2-Lot Subdivision, Development and Use of the Land for a Place of Assembly (Church), Signage and Food and Drink Premises (CafĂŠ) 20 Dowding Street, California Gully - 4-Lot Subdivision and Construction of 3 Dwellings 7 Glencoe Street, Kennington - 10-Lot Subdivision of Land and Construction of 10 Dwellings 54 Chum Street, Golden Square - Subdivision of the Land into 4 Lots and the Removal of an Outbuilding Trial Closure of One Tree Hill Road, Spring Gully Community Facilities Funding Program 2014/2015 Grant Applications Wet Synthetic Pitch Replacement - Hockey Central Victoria Maiden Gully Land Sale to the Roman Catholic Trust Corp - Sandhurst Diocese Maiden Gully Precinct Structure Plan Greater Bendigo Health and Wellbeing Plan Bendigo Gold Football Club Future Support Greater Bendigo Farming Advisory Committee Member Appointments Record of Assemblies Financial Statements, Performance Statements and Standard Statements for the Financial Year 2012/2013 Section 89 Confidential Report - Proposed Development

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 11 September, 2013, as circulated, be taken as read and confirmed.

RESOLUTION Moved Cr Lyons, seconded Cr Leach. That the recommendation be adopted. CARRIED

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PETITIONS AND JOINT LETTERS

1.1 PETITION: O'KEEFE RAIL TRAIL - HEATHCOTE

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

A petition has been received from Heathcote residents and visitors regarding the O'Keefe Rail Trail at Heathcote, as outlined below: "We the undersigned support the current O'Keefe Rail Trail extension to Heathcote project managed by the City of Greater Bendigo, to build a quality off-road trail to be recognised as a regionally significant trail, with the following key objectives 1.

Signatures

Locating the trail upon the low gradient original railway alignment where ever possible, with separation from designated highways and roads. This feature is recognised for successful rail trails. Restrict shared use by motor vehicles on the rail trail to emergency and service vehicles only, for the safety of all trail users. Such planning will assist to create an attractive and popular trail for both the local people using the trail, as well as for families and visitors to the area. Have the trail route located within natural environments and close to popular local attractions, as well as maximising the trail's exposure/access to commercial businesses, where ever possible. Have Council resolve related matters, such as the trail planning through the One Eye Forest at Heathcote, to create a popular recreational and tourism asset to benefit all in the Heathcote, Knowsley, Axedale and Bendigo communities including businesses".

741 Heathcote signatories - 98 Axedale (Derrinal etc) signatories - 20 Other Greater Bendigo signatories - approx.. 360 External to Greater Bendigo signatories - approx.. 238

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Officer Comment (Darren Fuzzard, Director Presentation and Assets): 1. The original O’Keefe Rail Trail proposal already incorporates an understanding of this objective and delivery is currently underway. No additional action required. 2. A previous petition has been received (tabled at the Council meeting on 21 August, 2013) objecting to the proposed closure of the Old Railway Reserve Road in Heathcote which appears to contradict the objective listed in this petition (2 October, 2013). On 21 August, Council resolved as follows – That the concerns of the petitioners be considered as part of the further planning of the O’Keefe Rail Trail and the future use of Old Railway Reserve Road and that petitioners be informed prior to any decision being made; and until the issue of access is resolved, no changes to access to the One Eye Forest be undertaken. The Director, Presentation and Assets met with the objectors (21 August petition) and has given a commitment to Heathcote residents to fully explore three options for access through the One Eye Forest. The options being considered include: a) Continuing the proposal to close the road b) Shared use of the current access by local traffic and trail users c) The establishment of a parallel trail Investigation and consultation will continue and will now incorporate consultation with the author of the 2 October petition. A report will be provided to Council once investigation and consultation with both parties is completed. 3. The original O’Keefe Rail Trail proposal already incorporates an understanding of this objective and delivery is currently underway. No additional action required. 4. The original O’Keefe Rail Trail proposal already incorporates an understanding of this objective and delivery is currently underway. The trail planning through the One Eye Forest at Heathcote specifically mentioned in this objective will be addressed as part of the Council report that will be prepared addressing both petitions that have been received (21 August and 2 October, 2013).

RECOMMENDATION That following the completion of the investigation and consultation, a report will be prepared for Council addressing all concerns raised in both petitions (21 August and 2 October, 2013) for consideration.

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RESOLUTION Moved Cr Campbell, Seconded Cr Weragoda. That the recommendation be adopted. CARRIED

2.2 PETITION: LAKE TOM THUMB

A petition has been received from Eaglehawk residents regarding the bird population at Lake Tom Thumb, as outlined below: "We, the undersigned, requested the Greater Bendigo City Council to clean up Lake Tom Thumb of the over population of sea gulls and Ibis as they are destroying the natural environment, creating smells and discouraging people from walking around the lakes. Council is urged to take immediate action before the hot summer months ahead".

Signatures

RESOLUTION Moved Cr Cox, seconded Cr Williams. That Council organise an onsite meeting to discuss issues at Lake Tom Thumb and a report be presented to Council within two (2) meetings. CARRIED

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Planning for Growth

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PLANNING FOR GROWTH

2.1 54 MUNDY STREET, BENDIGO 3550 - CONSTRUCTION OF A THREE STOREY BUILDING PLUS BASEMENT, USE OF LAND FOR TWO DWELLINGS (WITH A FRONTAGE GREATER THAN TWO METRES AT GROUND FLOOR LEVEL) AND SUBDIVISION INTO 3 LOTS Document Information Author

Simon Francis, Planning Officer

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Planning permission is sought for a mixed use development containing office and residential uses, the subdivision into three lots and construction of a three storey building at 54 Mundy Street, Bendigo. Two objections to the proposal have been received and were unable to be resolved at a consultation meeting. The key issues are as follows: Whether the proposal meets strategic and local policy objectives; Whether the proposal represents an acceptable urban design outcome; Balancing the Design and Development Overlay requirements with the existing character of the area; Impact of the development on adjoining residential zoned land; Impact of the construction on an adjoining business. This report recommends that the City of Greater Bendigo Council issue a Notice of Decision to Grant a Planning Permit for the application on the basis that: The proposal complies with the planning scheme including the purposes of the Commercial 1 Zone, Design and Development Overlay, Parking Overlay and is a high quality urban design outcome for the site and CBD; The proposal implements the State and Local Policy Framework (including the Cityâ&#x20AC;&#x2122;s Bendigo Central Business District Plan: New Visions, New Opportunities, 2005); The car park and access arrangement is appropriate and will not unreasonably impinge on pedestrians and road users

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Policy Context City of Greater Bendigo Council Plan 2013 â&#x20AC;&#x201C; 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 Zone changed from Business 5 to Commercial 1 during the application assessment During the assessment of the application the zoning of the land changed from Business 5 to Commercial 1 which now means that the use of the land as an office does not require planning approval. Previously approved planning permit which lapsed during the assessment of this application In 2003 a planning permit was applied for and granted to construct a four storey building comprising 12 apartments plus basement car parking on the subject site. The planning permit was granted two extensions of time and only expired in May of this year. Although there are similarities to the current design, the current proposal is of superior quality and the combination of office and dwellings could be argued to have considerably less amenity impact on the owners and occupiers of adjoining residential zoned land. The previous approved plans detailed that the private open space via small balconies and access to all twelve was via a walkway that was adjacent to the residential zoned land. Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DSD/296/2013 12 April 2013 e+ architecture 54 Mundy Street, BENDIGO 3550 Commercial 1 Zone (formerly Business 5 Zone) Neighbourhood Character Overlay 1 Design and Development Overlay 5 Parking Overlay 1

Subject Site and Surrounds The site is located on the south western side of Mundy Street between Myers and Mollison Streets and known as number 54. The site comprises a single rectangular allotment which has a frontage to Mundy Street of 21.88 metres and a depth of slightly over 40 metres. The total area of the site is 882m 2 with a fall of around 1.0 - 1.5 metres from the Mundy Street frontage to the rear of the site.

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The site is vacant of any buildings and vegetation other than two trees along the rear property boundary. The site currently has no existing vehicle cross over from Mundy Street. The site is zoned Commercial 1 as is the land at 56 and 58 Mundy Street to the east. The adjoining land generally to the north at 34 and 36 Myers Street is zoned Residential 1 and land to the rear of the site at 32 Myers and 84 Mollison Street is zoned Mixed Use. The three different land zonings results in a combination of residential and commercial uses existing with buildings that are of varying heights, bulk and setbacks from property boundaries.

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

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Figure 2: Aerial of the subject site.

Proposal The proposal is to develop the site with a three storey building and basement car parking area. The ground and first floor will comprise office space with the second floor containing two dwellings. The office space will comprise a 'hot desk' area which in most instances sees a single physical desk or space being shared by multiple office workers as opposed to each staff member having their own personal desk. A primary motivation for hot desking is cost reduction through space savings. Although this is not a new concept for Bendigo, the concept of a standalone office for use by various businesses is. The potential exists to provide businesses that do not have a permanent office space but perform some or all of their work in Bendigo, access to professional facilities. All other designated offices will be utilised by permanent tenants. The development comprises the following: Basement: 18 car parking spaces, two storage areas for residents, bike storage areas, lift and stairs. Ground floor: Reception, administration area, waiting area, hot desk area; Nine offices and meeting room; Staff facilities (lunch room/ toilet facilities) lifts and stairs; Residence entrance and lobby.

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First Floor: Nineteen offices and two meeting rooms; Staff facilities, lift and stairs. Second Floor: A two bedroom and a three bedroom dwelling; Both dwellings contain a bathroom, ensuite, open plan kitchen, dining and living area, laundry, balcony and terraced area. The subdivision layout will comprise: Lot 1 Ground and first floor office - 843m2 (net leasable floor area of 543 m2 ) Lot 2 Apartment 1 - 180m2 Lot 3 Apartment 2 - 200 m2 Common Property The basement component will be built virtually from side boundary to boundary. The three other levels include a series of setbacks in order to create some amenity space for the apartments and also acknowledging that the building is in close proximity to land zoned residential generally to the north. The building height is generally 11.1 metres above natural ground level (measured from the footpath), however, the highest point being the top of the stair core (13.5 metres). An extensive site cut is proposed to accommodate the basement car park area. In terms of design detail, the building will feature a mix of materials which are detailed on the plans. The major features are: Substantial glazed areas particularly when viewed from the Mundy and Myers Streets frontages (bronze colour with a deep charcoal/grey/blue aluminium frame); Folded woven wire mesh screen (brass colour); Metal cladding (charcoal colour); Masonry walls (one in grey and other to be determined);

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Figure 3: Elevated side perspective generally viewed from the Mundy and Myers Street

intersection

Figure 4: Front perspective from the Mundy Street.

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Figure 5: Proposed site plan.

Figure 6: North east (Mundy Street) elevation.

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Figure 7: South east elevation.

Planning Controls - Greater Bendigo Planning Scheme Why a permit is required: The site is within a Commercial 1 Zone which triggers the need for a permit for the use of land for accommodation as the frontage at the ground floor level exceeds 2 metres and also for the buildings and works. Further, the site is subject to a Design and Development Overlay which triggers the need for a permit to construct a building and carryout works. Ancillary consent for waiver of a loading bay is also required. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework Activity centres (clause 11.01) Regional development (clause 11.05) Noise abatement (Clause 13.04-1) Urban Environment urban design (clause 15.01) Sustainable development (clause 15.02) Residential development (clause 16.01) Housing diversity (clause 16.01-4) Business (clause 17.01-1) Car parking (clause 18.02-5) Development infrastructure (Clause 19.03) Municipal Strategic Statement Strategic directions (clause 21.04) Settlement (clause 21.05) Economic Development (clause 21.07) Reference documents (Clause 21.10) Local Planning Policies Central Bendigo residential character policy precinct 4 (CB4)

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Zoning Commercial 1 Zone (clause 34.01) Overlays Design and development overlay schedule 5 (clause 43.02) Neighbourhood character overlay Schedule 1 (clause 43.05) Parking overlay (clause 45.09) Other Relevant Provisions: Car parking (clause 52.06) Loading and unloading (clause 52.07) Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

City of Greater Bendigo No objection. Commented there may be issues with Urban Design Advisor the Building Code access requirements and requested further detail on where mechanical services will be located. Plans were supplied addressing these concerns. City of Greater Traffic Engineer

Bendigo No objection. Commented that a passing lane is required on site, loading and unloading of commercial vehicles should occur on site and other conditional requirements that will be discussed later in the report.

City of Greater Bendigo No objections subject to conditions. Development Engineer City of Arborist

Greater

Bendigo No objection subject to conditions protecting the existing street tree.

City of Greater Strategy Unit

Bendigo No objection. Would have preferred one of the dwellings to present to Mundy Street for passive surveillance of the street at night time. Officer Comment: Although this comment has some merit, the setbacks required from the Mundy Street boundary would result in little surveillance of the street occurring.

Powercor

No objection subject to conditions.

Coliban Water

No objection.

Tenix

No objection subject to conditions.

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Public Notification The application was advertised by way of notice on site and letters to adjoining owners and occupiers with two objections were received. The objections came from the owner of 34 and occupier of 36 Myers Street. The grounds of objection are grouped as follows: Planning related: The proposed building not in keeping with the character of the area in relation to visual bulk, setback, built form and materials and finishes; Amenity impacts of the development on adjoining Residential Zoned land including overlooking, overshadowing, noise and lighting, reflected light and reflected heat. Impact of the construction on adjoining residence and business. Objections where the planning scheme has limited or no way of addressing concerns raised: Decreased property value; Potential damage during construction phase; Site cut damage; Long term subsidence; Trees in pots on property boundary being safety hazard; the potential for unwanted insects to enter objector's yard; and plants may have an impact on allergy sufferers; Shadowing at night time and the potential to inviting trespassing; Reduced reception of wireless communication facilities due to location and bulk of building. A consultation meeting was held with one of the objectors (no Councillors attended). The attending objector revised their objection after the consultation with some objections being withdrawn or reworded. The objections are discussed below throughout the planning assessment. Planning Assessment Is the intensity of the development appropriate given the proximity of residential zoned land? A range of State Policies including clauses 11.02 (Settlement), 11.02-1 (Urban growth), 11.05 (Regional development), 15 (Urban design), 16 (Housing) and 17 (Economic development) emphasize the importance of Bendigo as a major regional centre in the context of the State and that in this important context there is a need to develop and use sites more intensively to achieve strategic directions.

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The Municipal Strategic Statement at Clause 21.02-4 states that Greater Bendigo has a well established and clearly defined hierarchy of commercial centres. The City of Greater Bendigo completed the Bendigo Commercial Land Strategy (2004) and this document is a reference document in the Greater Bendigo Planning Scheme. The Strategy identified that the existing retail and commercial hierarchy in Greater Bendigo is to be protected by encouraging growth that supports the respective roles of each centre. The Strategy seeks to maintain and strengthen this hierarchy and promote new development that is consistent with structure plans and development plans. At Clause 21.07 the commercial activity centre hierarchy emphasises the primacy of the Bendigo CBD for commercial activity. The proposal being a combination of office and residential implements Clause 21.06-1 which states the Residential Development Strategy goal for housing is to shift towards reducing the amount of detached housing in Greater Bendigo from 90% to 70% with the balance to be made up of higher density development including â&#x20AC;&#x2DC;shop topâ&#x20AC;&#x2122; housing such as that proposed. The subject site is located within the Commercial 1 Zone which includes the purposes of creating vibrant mixed use commercial centres for retail, office, business, entertainment and community uses and to provide for residential uses at densities complementary to the role and scale of the commercial centre. The decision guidelines of the zone build upon the policy considerations of accessing development, provision of parking, interface with adjoining zones and uses, design, orientation, maintenance of the building and matters contained within ResCode (both internal and external amenity). These considerations are all relevant to this application. In summary, the proposal in providing for a mixed use (office and dwellings) and is consistent with the planning vision for the site as expressed in the policy framework and zone. As the City matures, developments of this intensity will become more common in order to achieve the policy objectives of creating more compact cities, accommodating increased demand for office space and assisting with limiting urban sprawl. Given a mix use development is expected to occur on this and surrounding sites within the CBD, a key issue for Council to determine is whether the design proposed is an appropriate urban design outcome given the existing low scale residential buildings generally to the north. How much weight should be given to the Neighbourhood Character Overlay vs Design and Development Overlay Both objectors raised concerns that the design response does not respect the existing neighbourhood character or the Neighbourhood Character Overlay applicable to the land.

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The subject site is zoned Commercial 1 and has both the Neighbourhood Character Overlay and the Design and Development Overlay on the land. These two overlays have competing purposes. Of particular interest are the objectives and standards relating to building height and setbacks from property boundaries. It is important to attempt to balance these objectives when determining the appropriateness of the proposed development in terms of scale and the existing traditional low rise character of the area. Planning Scheme Amendment C86 introduced (on 10 May 2007) the Bendigo CBD Plan 2005. It introduced Schedule 5 to the Design and Development Overlay to guide new development building height, setbacks and provisions of weather protection and maps into the Planning Scheme. The character of the area is mixed with a variety of heights and built form. The argument for higher density development on this site is stronger than preserving a low scale building character. The proposal achieves the requirements of policy relating to urban design and the DDO as detailed below. Urban design State policy direction with respect to urban design at Clause 15.01-1 states that planning should seek to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Clause 15.01-2 states that planning should seek to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The CBD Plan expands upon these notions of creating quality places and is a reference document to the Planning Scheme. In the context of this application the CBD Plan relates to the scale, design quality and uses of buildings within central Bendigo and whether the proposal delivers a net community benefit consistent with the objectives of the Planning and Environment Act (1987). The CBD Plan adopts four themes to provide an integrated, cross-disciplinary vision for the future of Bendigoâ&#x20AC;&#x2122;s city centre. These themes are listed and responded to in turn: THEME 1: REINFORCING THE CBD AS THE CENTRE OF ACTIVITY Expand the CBDâ&#x20AC;&#x2122;s primary role beyond shopping and business to include a diverse range of activities including residential, education, tourism and recreation, attracting more people and for longer periods. Officer Comment: The submitted proposal being a combination of office and housing is in accordance with this theme. THEME 2: CELEBRATING CULTURAL AND HERITAGE IDENTITY Ensure that buildings define, enrich, protect and enliven streets and other public spaces, and ensure building frontages are interesting and contribute to the life of the CBD. PAGE 23

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Officer Comment: The proposal is on the periphery of the CBD and implements this theme in that it is a contemporary building with an interesting frontage. The proposal includes an open and active frontage to Mundy Street and a building that is setback from all boundaries. The setbacks are acknowledging the existing uses and built form in the locality particularly the low scale residential buildings to the north. THEME 3: CREATING AN ACCESSIBLE PLACE Create a high-quality and safe environment and improve the way pedestrians and cyclists move around the CBD. Achieve an appropriate balance that maintains adequate vehicular and public transport access, while providing improved space for cyclists, encouraging increased street activity and enhancing pedestrian safety. Officer Comment: This theme is more related to developments within the core of the CBD and not those on the periphery. That said, the proposal is highly accessible to all transport modes and encourages increased street activity. THEME 4: DESIGNING A HIGH QUALITY URBAN ENVIRONMENT Improve pedestrian amenity and safety throughout the CBD road system. Accommodate pedestrian oriented activities and spaces wherever possible in the CBD. Officer Comment: There is no requirement for the proposal to provide weather protection in this area of the CBD given the fragmented nature of land zoning in this area. In terms of the Design and Development Overlay (DDO) objectives, the following aspects of the development warrant discussion. The zoning of the land being Commercial 1 combined with the introduction of the DDO5 in 2007 recognises the subject site being within the City’s vision to contain: A medium scale building (up to 12 metres); A building built to the boundary at ground floor; and A façade that is a sympathetic and considered response to the adjoining buildings in immediate visual connection to the site. With respect to preferred building heights, the DDO states that new development should comply with a preferred maximum building height of 12 metres. The building in question exceeds this having a height of 13.5 metres. In the case where the maximum building height is exceeded, the DDO states that buildings above 3 storeys should set back upper levels in order to avoid overshadowing at the winter solstice of the public and private realm. In this case, the upper levels of the building are set back and overshadowing of the building complies with the performance standard noted in ResCode which is the commonly accepted standard. With reference to building frontages and setbacks, the DDO states that ‘active’ frontages at ground floor level must be provided and that buildings must be built with no ‘front or side setback’ with the exception of buildings that propose a service or pedestrian laneway. The development provides for an active frontage and a setback is provided to ensure no adverse amenity impacts are imposed on the residential zoned land generally to the north. Although not complying with this requirement of the DDO5 to have a zero setback at ground floor level, the proximity of the development to land containing dwellings warrants an increase in the setback requirements.

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The inclusion of an appropriate landscape plan with canopy trees will assist with the buildings interaction with residential zoned land to the north and will be discussed later in the assessment. Is there sufficient car parking provided onsite? Both the objectors and the Cityâ&#x20AC;&#x2122;s Traffic Engineer raised concern in relation to the amount of car parking supplied on site. The concern raised is more about the proposed office space having a hot desk area where multiple individuals may use a space but only one person per desk at a time. The following car parking spaces are required to be supplied on site in accordance with the requirements of the Parking Overlay. Use Office Residential

Planning Scheme parking requirement 543m2 leasable floor area requires 14 1space per 2 bedroom dwelling 2 spaces per 3 bedroom dwelling

Spaces provided 14 4

The number of car parking spaces provided on site exceeds the requirements of the Parking Overlay and therefore complies with the Planning Scheme. Access and unloading of commercial vehicles The Cityâ&#x20AC;&#x2122;s Traffic Engineer commented that a passing area measuring at least 5m wide and 7m long should be provided at the entrance to ensure vehicles can enter and exit the site safely. Increasing dimensions of the vehicle ramp to include a passing lane is one way to achieve safe entry and exit of vehicles from the site. Another option is to condition the planning permit to require an electronic signalling system to inform drivers when the vehicle ramp can accessed. This method of vehicle management would not result in a major change to the buildings presentation to Mundy Street, therefore a condition requiring this has been included in the recommendation. The Cityâ&#x20AC;&#x2122;s Traffic Engineer also stated that a loading and unloading of commercial vehicles is to be conducted wholly on site. The purpose of Clause 52.07 is to set aside land for loading and unloading of commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. Officer Comment: Whilst the development does not provide for the required on-site loading there is adequate capacity on the road to allow for light trucks and standard sized vehicles to meet the expected loading and unloading requirements of the tenants. The nature of the office use is that there will be a modest number of deliveries. Although it is not ideal to load and unload some vehicles within the road reserve, this will result in minimal adverse amenity impact on the adjoining land owners or road users.

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Amenity of adjoining residents The objectives, standards and decision guidelines of Clause 55 ResCode must be considered as part of the assessment under the requirements of the Commercial 1 Zone and Neighbourhood Character Overlay. The site does adjoin Residential 1 zoned land generally to the north and it is necessary to consider the objectives aimed at protecting existing residential amenity. The relevant standards raised by the objectors include: Overlooking Both objections raised concern with overlooking to the Residential 1 Zoned land generally to the north. It is important to note that the building at 36 Myers Street is used for a dwelling and 34 Myers Street is used for commercial purposes. Although the building at 34 Myers Street is currently used as for commercial purposes there is likelihood is that it will return to being used as a dwelling at some stage. No overlooking into the secluded private open space from the proposed dwellings on the second floor will occur due to the design meeting the standard. Overlooking directly into the secluded private open space from the first floor office windows has the potential to occur and a condition will require revised plans detailing that no overlooking will occur into the secluded private open space of the buildings at 34 and 36 Myers Street. Overshadowing A prime concern of objectors was the loss of natural light currently enjoyed being diminished in the event the building is constructed. The overshadowing diagrams confirm that the level of solar penetration for the adjoining properties is at a ResCode compliant level. Side setbacks The proposal does not comply with the setback requirements of ResCode however; as previously discussed the City has taken the view that the DDO5 and Commercial Zoning of the land is to have the greater influence on the design outcome of the development. That said the residential zoned land adjoining the site has significantly influenced the design outcome to ensure acceptable amenity outcomes were achieved. Potential for landscaping to address some issues raised by the objectors There is the potential for landscaping to play an important role in addressing some of the concerns raised by the objectors and achieve a good urban design outcome. Sufficient space exists along the generally northern, southern and western boundaries to request an appropriate landscape plan that includes the planting of mature canopy trees to assist with addressing the following objector concerns: Reflective light from the glass structure; Reflective heat from glassed area and absorbed heat from proposed masonry areas; The impact of the visual bulk when viewed from the rear yards of 34 and 36 Myers Street; Overlooking; and PAGE 26

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Potentially reduce the impact of light at night and noise. In addition, canopy trees within the subject site will assist with softening any impact of the building on adjoining land users and from the public realm. They will also reduce temperatures within and around the building in the summer months. A planning permit condition will require a landscaping plan detailing that canopy trees are to be planted along the generally north, south and west elevations. Other objections Construction damage, site cut damage, long term subsidence Officer comment: The above concerns would be addressed at the building permit stage of the development however a construction management plan will be required as part of the planning permit. Lighting of the building after hours Officer comment: The number 54 on the side of the building will be internally illuminated and emit little light. The lighting from the offices and any external lighting will be conditioned so that no direct light spill is to occur across property boundaries. Property devaluation Officer comment: Devaluation has been repeatedly tested at VCAT in the past. VCAT has determined that devaluation must be substantiated and therefore has rarely been successfully argued as a ground for appeal. Smoking and littering of secluded private open space Officer comment: At the consultation meeting the possibility of having a fence and gate included in the development to stop the office workers from having a morning or afternoon tea break and potentially smoke in the area adjoining the secluded private open space of 36 Myers Street was discussed. A fence and gate may also reduce the potential for any litter from entering the open space. Although this concern was not resolved on the day, it is appropriate to have some form of fence or gate to restrict this area being used by office staff or clients to congregate given the proximity to the existing dwelling. A condition of the planning permit will reflect this. Reflective light from the glass structure; reflective heat from glassed area and absorbed heat from proposed masonry areas; Officer comment: The glass panelling is a coloured glass that is less reflective and similar to that used on the Bendigo Bank and other similar modern buildings. Given the articulation and setback of the building to the adjoining residentially zoned land it is not likely the glass panelling or masonry walls will have a detrimental impact on the residents. That said the development would benefit from an appropriate landscape plan which will form a condition of the planning permit.

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General airflow resulting in increased litter in objectorâ&#x20AC;&#x2122;s yard, reduced reception of wireless communication signals and shadowing at night time. Officer comment: An objector raised the above non planning related objections which cannot be addressed by the Planning Scheme Conclusion The proposal is sited appropriately within the Bendigo CBD and is supported by adopted strategies including the Bendigo CBD Plan 2005 and Bendigo CBD Parking Strategy (2008). These strategies identify a need to provide for intensive development within the CBD core and recommends that lower rates of parking be applied to CBD development. The proposal implements the purpose of the Commercial 1 Zone, is generally consistent with design objectives of the Planning Scheme and the development has been designed to a high standard. Although there is conflict between what the Neighbourhood Character Overlay and the Design and Development Overlay Schedule 5 aim to achieve in relation to building heights and setbacks, the proposed design has appropriately considered the different land zonings and existing uses adjoining the site. The proposal will have some amenity impacts, however with a range of strategies including changes to the plans for endorsement to include: Appropriate landscape plan that includes canopy trees; Screening to the first floor windows to prevent overlooking the residential zoned land; A fence and gate to ensure only residents use the walkway between the buildings at 34 and 36 Myers Streets; any impacts can be reduced to a reasonable level. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Objections RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for a three storey building plus basement, use of land for two dwellings (with a frontage greater than two metres at ground floor level) and subdivision of land into three lots at 54 Mundy Street, Bendigo subject to the following conditions: 1.

MODIFIED PLANS REQUIRED Before the development starts or at another time agreed in writing by the responsible Authority amended plans and documents to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plans and documents will be endorsed and will PAGE 28

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then form part of the permit and must not be altered without the prior written consent of the responsible authority. The plans and documents must (as appropriate) be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application, being plans prepared by E+ Architects Plans TP01-03 and TP06-07, dated 14.05.2013, TP05, TP08-TP10 (inclusive) dated 12/05/2013 but modified to show: (a) Screening to the terraced area of the dwellings on the north west elevation drawing (TP.09 dated 12/05/2013) addressing the requirements of standard A15 of the Greater Bendigo Planning Scheme. (b) Windows on level 1 (office) with an outlook to 34 and 36 Myers Street, Bendigo to either have obscured glazing or screened to a height to a minimum of 1.7 metres above finished floor level (c) A fence and gate to be included on the ground floor plan north east elevation (residence entry) preventing access to the area other than for residents or emergency purposes. (d) Landscape plan as per condition 3. (e) The location and details of a electronic signalling system to manage vehicle access and egress from the basement car park.

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

LANDSCAPE PLAN Before the development starts, a landscape plan prepared by a qualified landscape architect to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) Details of surface finishes of pathways and driveways; (b) Planting schedule for plants to be included in garden beds detailed along the Mundy Street frontage and south eastern elevation plans; (c) Minimum 7 mature upright deciduous canopy trees planted in the space along the north west boundary (above the basement car park); (d) 5 upright trees evenly spaced between the windows on the south west elevation; (e) Two deciduous mature upright trees above the basement car park canopy along the south eastern boundary; (f) Details of the structures the trees will be planted in ensuring there is sufficient space for the roots to develop and must include a minimum of 800mm of soil depth; (g) Details of how the plants will be watered and maintained into the future. All species selected must be to the satisfaction of the responsible authority.

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

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. This plan shall include, but not be limited to: (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. During construction of works associated with the development, the protection methods contained in the CMP must be implemented to the satisfaction of the responsible authority and EPA regulations.

WASTE MANAGEMENT PLAN A waste management plan that includes details of the private garbage collection arrangement must be submitted to the satisfaction of the responsible authority.

NEAT AND TIDY SITE The subject land must be kept neat and tidy at all times and its appearance must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.

BAFFLED LIGHTING AND INTERNALLY ILLUMINATED SIGNAGE Outdoor lighting and internally illuminated signage, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land.

LOADING AND UNLOADING The loading and unloading of goods from vehicles must only be carried out at times so as not disrupt the circulation and parking of vehicles on and around the land.

TREE PROTECTION MEASURES 0A fence will be required to be erected around the existing tree located on Mundy . Street tree to prevent damage to the tree. This fencing will need to be erected

during the entire development process to avoid the likelihood of mechanical damage. 1

CAR PARKING LAYOUT AND STREET LIGHTING 1(a) The carpark must be provided with public lighting in accordance with AS/NZ . 1158.0-2005/Amdt 2-2010 minimum lighting category P11/P12 and the

fittings are to minimise spill lighting on to neighbouring property (including road reserves) in accordance with AS/NZ 4282-1997. (b) Disabled persons parking bays where required by the BCA, must be provided in accordance with AS/NZ 2890.6-2009, section 2 and must be signed in PAGE 30

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accordance with AS/NZ 1742.11-1999 and linemarked in accordance with AS/NZ 2890.6-2009, section 3. (c) The entry/exit, the internal roadway and the parking areas must be sealed and the car parking spaces line marked and maintained to Council’s satisfaction. (d) The light pole must be relocated clear of the driveway and also not within 3m of any tree. 1

DETAILED DRAINAGE 2Before the plan of subdivision is certified under the Subdivision Act 1988, plans . to the satisfaction of the responsible authority must be submitted to and

approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include direction of stormwater run off a point of discharge for each lot; independent drainage for each lot. 1

STORMWATER DETENTION 3Prior to the connection of any building to the responsible authority’s drainage . system, the owner or applicant must provide onsite surface and stormwater

detention to pre-development levels in accordance with plans and specifications to the satisfaction of the Responsible Authority. Allowable Discharge Rate Q100= 10 l/s 1

STORMWATER QUALITY 4Before the use or development is commenced, the owner or applicant must . provide a stormwater treatment system to achieve the “Best Practice

Environmental Guidelines” storm water quality (Victorian Stormwater Committee, 1999) in accordance with plans and specifications to the satisfaction of the Responsible Authority. Or The Responsible Authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $ 800.00 or such amount applying at the time of payment. 1

CONSTRUCTION OF WORKS 5Road works, drainage and other civil works must be constructed in accordance . with the City of Greater Bendigo Infrastructure Design Manual and plans and

specifications approved by the Responsible Authority and must include:(a) underground drainage; 1

SECTION 173 6Prior to the issue of statement of compliance, the applicant/owner must enter into . an Agreement under Section 173 of the Planning and Environment Act 1987.

Such Agreement must covenant that; (a) The on-site detention system and/or treatment system shall be designed by a qualified engineer and must be approved by the responsible authority prior PAGE 31

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to construction. (b) Each detention system and/or treatment system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authority’s drainage system. (c) The owner will maintain each on-site detention system and/or treatment system and not modify without prior written approval from the responsible authority. (d) The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times. (e) The Owner will pay for all costs associated with the construction and maintenance of each onsite detention system and/or treatment system. 1

PUBLIC ASSETS 7Before the development starts, the owner or developer must submit to the . Responsible Authority a written report and photos of any prior damage to public

infrastructure. Listed in the report must be the condition of Kerb & Channel, Footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit. 1

CONSENT FOR WORK ON ROAD RESERVES 8The applicant must comply with; . The Road Management Act 2004,

Road Management (Works and Infrastructure) Regulations 2005 and Road Management (General) Regulations 2005 with respect to any requirements to notify the Coordinating Authority and/or seek consent from the Coordinating Authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The Responsible Authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit 1

TELECOMMUNICATIONS 9The 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; and 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.

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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; and 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. 2

TENIX 0The plan of subdivision submitted for certification must be referred to SP AusNet . (Gas) in accordance with Section 8 of the Subdivision Act 1988.

POWERCOR 1The 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. The applicant shall: (a) 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. (b) Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System. (c) 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. (d) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (e) Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

COLIBAN WATER 2The 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 specifications.

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RESOLUTION Moved Cr Leach, Seconded Cr Campbell. That the recommendation be adopted. CARRIED

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2.2 64 HAVLIN STREET WEST, QUARRY HILL 3550 - 3 LOT SUBDIVISION, ADVERTISING SIGNAGE, CONSTRUCTION AND USE OF A MEDICAL CENTRE ON BOTH LOTS 1 AND 2 AND CONSTRUCTION OF A DWELLING ON LOT 3 Document Information Author

Peter O'Brien, Senior Planner

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose The application seeks approval for the above proposal at the noted address. Two objections were received and one was subsequently withdrawn. The proposal is before Council as the application is recommended for refusal, additionally an objection to the application remains. A medical centre is one of very few commercial uses that can be permitted in a residential zone. The relevant issues raised by the application include: The scale of the development; Appropriateness of the location for the use and Parking and traffic issues as a result of how the site would be accessed and the narrowness of the street. Policy Context City of Greater Bendigo Council Plan 2013 â&#x20AC;&#x201C; 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.

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

DSD/49/2013 23 January 2013 KSZM Holdings Pty Ltd 64 Havlin Street West, QUARRY HILL 3550 Residential 1 Zone Environmental Significance Overlay 1 (Part)

Subject Site and Surrounds

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

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Figure 2: Context plan (application site highlighted). Note - Rodney Street to the north does not have access to or from Carpenter Street.

The subject site is rectangular in shape with an area of approximately 1,640 square metres and contains a Californian Bungalow dwelling which was constructed in 1935. The site adjoins eight dwellings and has a frontage of 20.38 metres to Havlin Street West, with the Spring Gully Creek opposite. Havlin Street West is a local, dual carriage road with footpaths on the western side. On street parking is unformed and not time restricted Proposal The proposal includes two buildings, one which will be a dedicated medical centre, the second comprises of both a medical centre at ground floor level and a dwelling at the upper level. The existing dwelling and outbuildings on the site will be demolished; however, this aspect of the proposal does not require planning permission, nor did the age of the dwelling require referral to the Cityâ&#x20AC;&#x2122;s Heritage Advisory Committee. The applicant has submitted that initially 2-3 practitioners would operate from the site with a maximum of 5 eventually over a 5-10 year plan to grow the centre. The proposed Lot 1 is the rear lot and would comprise of the following: A medical centre; Car parking for 17 cars; A single storey building which includes both hipped and skillion roof shapes, which contains:

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- 4 consulting rooms with a reception/waiting area and associated staff amenities including office, records, server and staff room. The footprint of the building is 348 square metres. The proposed Lot 2 is the front lot and would comprise of the following: A medical centre (footprint of 159.98 square metres), which is open plan in configuration and No dedicated parking. Lot 3 is the ‘middle’ lot and occupies airspace directly above lot 2 and would comprise of the following: A double garage at ground level (footprint 60.54 square metres) 3 bedroom dwelling at first floor level (footprint of 177.45 square metres) and A balcony area 43.1 square metres. The development of lots 2 and 3 consists of a two storey building of contemporary design that assumes residential forms and scale. A permit is considered to be required for the construction of the dwelling given its integration with the medical centre. An area of common property of 183 square metres will provide for access to all lots. Business identification signage is indicatively shown on the building as expressed lettering.

Figure 3 – Overall site plan.

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Figure 4 â&#x20AC;&#x201C; 3 dimensional perspective - Lots 2 & 3

Figure 5 â&#x20AC;&#x201C; 3 dimensional perspectives (rear, lot 1)

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Figure 6 – Street view

Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework 15.01-2 Urban design principles 19.02 Health facilities Municipal Strategic Statement 21.07 – Economic Development Local Planning Policies 22.14 – Flora Hill Residential Character Policy Other Provisions 32.01 - Residential 1 Zone 52.05 – Advertising signage 52.06 – Car parking 56 - subdivision Note: ResCode is not considered to be applicable to this development as only one dwelling is proposed on the site and the lot area for this one dwelling will be well over 300 square metres. Consultation/Communication Referrals The following internal departments have been consulted on the proposal: Referral

Comment

Traffic & Design

Conditional consent requiring adjustment to the parking layout (applicant amended the plans to address the issues prior to public consultation) and noted that formalization of on street parking may be required in the future to serve the proposal.

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Referral

Comment

Drainage

No objection subject to conditions.

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. Following advertising two objections were received (one which was subsequently withdrawn), the outstanding grounds of objection are: Potential issues with on street parking owing to the narrow nature of the street. A pre-existing issue with right hand turning from Miller to Havlin Street that may be exacerbated by this proposal. A consultation meeting was scheduled; however, was cancelled as one objector (who then withdrew their objection) could not attend; the other simply declined the invitation and has not been open to any further discussion but wishes to maintain their objection. The objections and relevant issues raised by the application are discussed below. Planning Assessment Whether the proposal is supported by Planning Scheme policy and the purposes of the residential zone. Clause 15.01-2 urban design principles have objectives to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The application has been assessed as being an unsatisfactory and detrimental urban character outcome. The reasons why this conclusion is drawn is that the bulk and scale of the buildings proposed, when coupled by the unrelieved nature of hard surfaces on the site, are an alien insertion in this leafy, landscaped character residential area. With the exception of a church (frequency of use is unknown) there are no other non-residential uses in the immediate area. Clause 19.02 health facilities have objectives to assist the integration of health facilities with local and regional communities. The clause notes the following strategies as being applicable to achieve the objective include: Facilitate the location of health-related facilities (including acute health, aged care, disability services and community care facilities) with consideration given to demographic trends, the existing and future demand requirements and the integration of services into communities. Plan public and private developments together, where possible, including some degree of flexibility in use. Locate hospitals and other large health service facilities in areas highly accessible to public and private transport. Adequate car parking facilities should be provided for staff and visitors.

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The proposal would allow for a medium scale medical complex to operate in an established residential suburb of Bendigo. In general, the principle of locating such services in neighbourhoods are supported, however in this case the need to access this large scale centre along a narrow â&#x20AC;&#x2DC;localâ&#x20AC;&#x2122; street and the potential for offsite impacts resulting from parking in the area lead to a view that the application should not be supported. Clause 32.01 - Residential 1 Zone has the relevant purposes to: Implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. Encourage residential development that respects the neighbourhood character. In appropriate locations, allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs. Under the zone, approval is required to construct and use the land for a medical centre; however, the dwelling use does not require a permit. A specific purpose of the zone is to allow for some non-residential uses serving a local community need. Whilst a medical centre is clearly a use serving a local community need, the application has been assessed as not being an appropriate location, which is the central planning consideration for non-residential uses in this zone. Note: in this case a permit for the dwelling (construction only) is considered to be required owing to the part use of the total building including one of the medical centres. A single dwelling on the lot would otherwise be a use and development of land not requiring any planning approval. The built form proposed. Built form in a residential context is referenced throughout the Planning Scheme including Clauses 15.01 Urban Environment, 16.01 Residential Development, 21.06 Housing, 22.14 Flora Hill Residential Character Policy, 32.01 Residential 1 Zone and 56 Residential Subdivision. As the site is within a residential zone which is a sensitive interface, the design of the buildings is a very important consideration. Ultimately, the built form proposed has been assessed as being unsatisfactory. The site is within the Flora Hill Residential Character Policy 3 as set out in clause 22.14 and has a series of objectives and suggested design responses guide the determination of appropriateness of the built form. An assessment against the policy objectives is in the table below. Objectives

Suggested Design Response

To maintain and strengthen the garden Prepare a landscape plan to accompany all settings of the dwelling. applications for new dwellings. Retain large, established trees and provide for the planting of new indigenous and native trees whenever possible.

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Objectives

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Suggested Design Response

Comment: A landscaping plan formed part of the proposal. Several mature trees on the site will be removed and not retained within the development, owing to the need to devote the space between the two buildings and property boundaries for car parking. Whilst the landscaping plan attempts to soften the impact of the extensive built form and hard surfaces on the site, it is assessed that this has not gone far enough to minimise the overall impacts of the proposal in the neighbourhood. To maintain the consistency, where The front setback should be not less than present, of building front setbacks. the average setback of the adjoining two dwellings. Comment: The proposed setback at 3.712 metres is less than the adjoining dwelling to the south (66 Havlin Street West) which is 7.329 metres, however, is greater than the 2.05 metre setback of the garage to the north which belongs to the dwelling at 15 Rodney Street. The average setback is not met and it is substantially less than the existing dwelling on the site. The conclusion drawn is that the proposed setback for the two storey front building on the site is not acceptable with regard to character policy. To reflect the existing rhythm of dwelling Buildings should be setback 2 metres from spacing. at least one side boundaries, based on the predominant pattern in the streetscape. Comment: The building fronting the street is set 2 metres from the northern and 6.4 metres from the southern boundary, meeting the numerical standards. It must be noted that the larger of the two side setbacks is present owing to it being the access to the car park; the opposite side has an extensive two storey wall abutting it. The overriding purpose of this objective is to allow for extensive spaces to be between buildings, but that these spaces provide for a ‘soft’ treatment (landscaping for example). A ‘soft’ treatment of the space between boundaries is not possible on this site owing to the extent of the buildings and the need for access. To ensure that buildings and extensions Respect the predominant building height in do not dominate the streetscape. the street and nearby properties. Where here is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height. Use low pitched roof forms. Comment: The predominant building height in the area is single storey and therefore the two storey building will be higher than most dwellings. The two storey building is at the front of the site, and a larger building (in terms of footprint) is at the rear of the site. The built form would dominate the street, and as such the objective is not met. To use building materials and finishes In streetscapes where weatherboard which complement the dominant pattern predominates, use timber or other nonwithin the streetscape. masonry, cladding materials where possible, and render, bag or paint brick surfaces. Comment: The majority of buildings as viewable from the public realm will be rendered, which is an acceptable surface treatment.

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Objectives

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Suggested Design Response

To maintain and enhance the Provide open-style or low front fencing to a continuous flow of the garden settings maximum of 1.2 metres. and the openness of the streetscape. Comment: No front or internal fences are proposed. Side/rear fencing will be upgraded to be 2 metre high colourbond fence. It is concluded that the proposal is inappropriate in accordance with the objectives of the Flora Hill Residential Character Policy. Car parking and traffic issues. The application includes a total of 5 practitioners offering health services. The Planning Scheme requires that 5 spaces be provided for the first and 3 for each subsequent practitioner. The Planning Scheme identifies a practitioner as being a ‘person providing health services’ hence is not limited to doctors. Provision for non-practitioner support staff is incorporated in the stated rates. In conclusion, the Planning Scheme requires the provision of 17 spaces holistically for the use and 17 spaces are provided. A complicating issue is, however, that technically no parking dedicated for Lot 2 exists owing to the proposed subdivision configuration. The ground level Lot 2 (the second medical centre) fronts to common property and the street only. The common property is required to access Lot 1 (the first medical centre and its associated 17 spaces). The issue is that this means that technically no ‘legal’ parking is provided for lot 2 in the event that all the lots were separately owned. Whilst in a practical sense the parking on Lot 1 will be ‘communal’ there would be no formal legal right for Lot 2 to make use of it, which is of concern. The dwelling (Lot 3) is required to have 2 spaces as it is a 3 bedroom dwellings. 2 spaces are provided. The application provides the Planning Scheme defined number of car spaces. Technically no waiver or reduction is required for either the dwelling or medical centre uses; however, the situation for Lot 2 is an unresolved issue. The City’s traffic engineer has reviewed the proposal and made a number of suggested changes in order for the site to function appropriately. The applicant made these changes prior to the proposal going out for public comment. These changes resulted in some proposed car spaces being deleted, some were reconfigured, which meant the proposal went from exceeding the Planning Scheme required number of car spaces, to simply complying with the Scheme as stated above. Whilst changes were made to the functionality and parking configuration on site, the traffic engineer did note that formalisation of some on street parking may be required as a result of this application in the future. The development does meet the Scheme stated parking requirement via onsite provision but the increase in vehicle movements in the area getting to and from the site remain of concern given the ‘local traffic’ nature of Havlin Street West.

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In the future, there is potential for overflow parking in the street although it is acknowledged that the proposal provides for exactly the complying number of car spaces required by the Planning Scheme. Had a parking reduction been sought (or required) this would be a further strong reason to decline the application. The concern of the Planning Unit is that if approved, an on street treatment would be required at some point in the future and this would further erode amenity in the area. The formalisation of on street parking in the future would likely be borne by Council, unless the development was approved and permit conditions specifically required a contribution. The objector expressed concerns relating to current difficulties in completing right hand turns into Havlin Street West from Miller Street. The objector noted that non-residents wanting to turn into Miller Street from Havlin Street West do not appear to allow enough space for a vehicle to turn right. It is agreed this issue may be currently be present and this anecdotal local view adds weight to the concerns of the Planning Unit of the impact of a medical centre of this scale in this street. The objector did not raise any specific amenity issues; however this does not mean that the proposal would not have an amenity impact. If the application was not recommended for refusal, suggested strategies to address amenity impacts would have included a more sensitive treatment of the site with regard to landscaping and strong restriction on operating hours and numbers of staff permitted on site. Conclusion In conclusion the proposal has been assessed as being contrary to policy, the purposes of the zone and failing to deliver an appropriate built form. Whilst the appropriate numbers of car spaces are provided on site, concern remains about how the street would cope with an increase of non-local traffic vehicle movements. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Objection Cr Ruffell arrived at the meeting. Cr Fyffe vacated the Chair for the Mayor.

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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 3 lot subdivision, advertising signage, construction and use of a medical centre on both lots 1 and 2 and construction of a dwelling on lot 3 at 64 Havlin Street West, Quarry Hill for the following reasons: 1.

The location of the medical centre is not supported by clause 19.02 (health facilities) and the purposes of clause 32.01 (residential zone)

The built form is inappropriate having regard to 15.01-2 (urban design principles) and clause 22.14 (Flora Hill Residential Character Policy)

The proposal will likely result in offsite parking and traffic issues.

The proposal will unreasonably impact residential amenity.

In the event that all lots are separately sold, there would be no legal right for Lot 2 (medical centre) to use the parking area associated with Lot 1.

MOTION

Moved Cr Campbell, Seconded Cr Cox Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the 3 lot subdivision, advertising signage, construction and use of a medical centre on both lots 1 and 2 and construction of a dwelling on lot 3 at 64 Havlin Street West, QUARRY HILL subject to the following conditions: 1.

The plan of subdivision modified to include all parking areas and access way in common property. A landscape plan in accordance with Condition 2.

LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to soften the impact of the extensive hard surfaces areas to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show: (a) Details of surface finishes of pathways and driveways. It is suggested this

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include permeable surfaces (for example a central grass strip in the centre of the common property) and a varied palette of surface materials. (b) Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant 3.

NO ALTERATION TO LAYOUT The use, development, signage and subdivision permitted by this permit as shown on the endorsed plan must not be altered or modified (for any reason) except with the prior written consent of the responsible authority

PRACTITIONER NUMBERS Except with the prior written consent of the responsible authority, no more than 5 practitioners and 4 support staff may operate from the medical centre at any one time.

HOURS OF OPERATION Except with the prior written consent of the responsible authority, the medical centre use permitted by this permit must operate only between the following times: Monday to Friday 08:00 to 18:00 Saturdays 09:00 to 14:00 by appointment only.

DRAINAGE PLANS REQUIRED Drainage plans, including computations and longitudinal sections, must be provided to and approved by the responsible authority for the lot in the development to the responsible authorityâ&#x20AC;&#x2122;s nominated point of discharge. Once approved, the plans will be endorsed as part of the planning permit and must not be further altered without the prior written consent of the responsible authority.

CAR PARK CONSTRUCTION Before the use starts, the areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be: (a) Constructed with an all-weather-seal coat (b) Properly formed to such levels that they can be used in accordance with the plans (c) Drained (d) Line marked to indicate each car space and all access lanes (e) Clearly marked to show the direction of traffic along access lanes and driveways to the satisfaction of the responsible authority (f) Within the parking area(s) a means of protection must be installed to the satisfaction of the responsible authority to prevent damage by a vehicle to a fence of an adjoining property. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

DIRECTIONAL SIGN A sign or signs must be provided to the satisfaction of the responsible authority to direct drivers to the on-site car parking areas. Such sign(s) must be located in the vicinity of the frontage of the subject land and maintained to the satisfaction of the responsible authority. The sign(s) must not exceed 0.3 square metres in area. PAGE 47

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

10. GENERAL AMENITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality. 11. BAFFLED LIGHTING Outdoor lighting, where provided, must be designed, baffled and located to the satisfaction of the responsible authority such that no direct light is emitted outside the boundaries of the subject land. 12. CONSTRUCTION PHASE All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the responsible authority and all care must be taken to minimise the effect of such activities on the amenity of the locality. Note â&#x20AC;&#x201C; noise emissions Noise emissions must comply with State Environment Protection Policy (Control of Noise from Commerce,

CARRIED

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2.3 151 ROWAN STREET, BENDIGO 3550 - DEMOLITION OF EXISTING OUTBUILDING AND 4 LOT SUBDIVISION OF LAND WITH COMMON PROPERTY AND CONSTRUCTION OF 4 TWO STOREY DWELLINGS Document Information Author

Chris Duckett, Co-ordinator Land Use

Responsible Director

Prue Mansfield, Director Planning & Development

Summary/Purpose Planning permission is sought for the demolition of an outbuilding and four lot subdivision and construction of four, 2 storey dwellings at 151 Rowan Street, Bendigo. The key issues are as follows: The principle of residential development in this location. Whether the proposed subdivision and development will impact adversely on heritage and neighbourhood character. Whether the proposal will adversely affect residential amenity. Impact on traffic and car parking in the area. The application is before Council as one letter of objection to the proposal was received from a local resident with four additional signatories. Two consultation meetings were scheduled but both were cancelled due to the principal objector being unable to make it. The applicant declined an offer to reschedule the meeting again and has asked for Council to make a decision. The site is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and shopping facilities and public transport. The proposal will have the positive effect of providing additional, much needed housing in an urban area, whilst preserving neighbourhood character and heritage values. This report considers the permit application and recommends that the Greater Bendigo City Council issues a Notice of Decision to Grant a Planning Permit. Policy Context City of Greater Bendigo Council Plan 2013 â&#x20AC;&#x201C; 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.

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Sustainability Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets. Report Application No: Application Date: Applicant: Land: Zoning: Overlays:

DSD/509/2013 25 June 2013 Tomkinson Group 151 Rowan Street, BENDIGO 3550 Residential 1 Zone Heritage Overlay 11

Subject Site and Surrounds The subject site comprises a vacant, irregular shaped block with an area of 1,498 square metres. The site has a fall of around a metre from front to back. The block is located with a frontage to Rowan Street midway between Lily Street and Thistle Street. As the site is the only block with a frontage in this section of Rowan Street it results in it being adjoined by a total of 8 dwellings on both Lily and Thistle Streets. Opposite the site is the St. John of God Hospital which is elevated some 10 metres above Rowan Street and the subject site.

Figure 1: Location map showing subject site. Objectorsâ&#x20AC;&#x2122; properties marked with a star. Two objectors live at the one property.

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Figure 2: Aerial of the subject site.

Proposal The proposal is to demolish an outbuilding, subdivide the land into 4 lots and construct 4, two storey dwellings. The lots would be in the range of 297-316 square metres with a common property running along the eastern boundary. Each of the dwellings would comprise 3 bedrooms, a study, living/dining areas, kitchen, two bathrooms, a laundry and a double garage. The dwellings would be of a traditional design with pitched roofs and clad with brick and weatherboard. The garage/shed which is proposed to be demolished is a timber structure thought to date back to the 1940s.

Figure 3: Proposed plan of subdivision.

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Figure 4: Proposed site layout.

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Figure 5: Proposed street view (north elevation).

Figure 6: Proposed elevations.

Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework 11.05 Regional Planning 15.01 Urban environment 15.02 Sustainable environment 15.03 Heritage 16.01 Medium density housing

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Municipal Strategic Statement 21.05 Settlement 21.06 Housing 21.08 Environment Local Planning Policies 22.06 Heritage Policy 22.11 Central Bendigo Precinct 2 Overlays 43.01 Heritage Overlay Other Provisions 32.01 Residential 1 Zone 55 Two or more dwellings on a lot and residential buildings 56 Residential Subdivision 65 Decision Guidelines A planning permit is required for this proposal under the Heritage Overlay and Residential 1 Zone. Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral

Comment

Powercor

No objection subject to conditions

Coliban Water

No objection subject to conditions

Tenix

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Heritage

No objection

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

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As a result of advertising one letter of objection was received, with the grounds of objection being: Overlooking; Overshadowing; Character of the area; Access / traffic / parking. The letter was also signed by four other residents under the statement; â&#x20AC;&#x2DC;I object to the proposed development at 151 Rowan Street Bendigoâ&#x20AC;&#x2122;. The objections are discussed below. Planning Assessment Principle of Residential Development Clause 11.05-4 Regional planning strategies and principles has the objective of developing regions and settlements which have a strong identity, are prosperous and are environmentally sustainable. Of particular relevance to this application is the strategy to limit urban sprawl and direct growth into existing settlements, promoting and capitalising on opportunities for urban renewal and redevelopment. Clause 16.01 Residential development has objectives which promote a diverse range of housing that meets community needs in locations that offer good access to services and transport and that is both water and energy efficient. The importance of energy and resource efficiency is also referenced in Clause 15.02 Sustainable development. The land is zoned Residential 1 and lies within the Urban Growth Boundary and in principle, is appropriate for an intensification of residential development. The proposal meets the overarching objectives of housing policies within the SPPF and the Residential Development Strategy as it would provide for urban consolidation in an area which has good access to local services and facilities. Whilst the location is appropriate for medium density, infill development, it is important to balance this against other objectives in the Planning Scheme as set out in the MSS. This includes the need to ensure developments achieve high standards of urban design, meet the identified neighbourhood character of areas and are sympathetic to heritage values. This is discussed further below. Heritage The importance of ensuring that developments are sympathetic with the appearance and character of heritage places is referenced throughout the Planning Scheme including Clauses 15.03 Heritage, 21.08 Environment, 22.06 Heritage Policy and 43.01 Heritage Overlay. The site falls within Heritage Overlay 11 which is the Rowan Street Precinct. PAGE 55

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There are two main aspects to consider in terms of the impact of the proposal on the heritage place, the subdivision of the block and the design of the proposed dwellings. In terms of the subdivision element of the proposal, the surrounding area has a wide range of lot sizes and the lots proposed are not dissimilar in area to a number of lots in the immediate vicinity of the site. The lot that faces Rowan Street will be the most important in terms of the impact on the heritage precinct. As this section of Rowan Street, between Lily and Thistle Streets only has two other lots on it and neither of those front Rowan Street, it is difficult to see how the subdivision could adversely impact on heritage values. Therefore consideration of the development component is of greater importance. A key consideration in assessing the development against the City's local heritage policy and the purpose of the Heritage Overlay is whether the bulk, scale and appearance of the proposed buildings will adversely affect the significance of the heritage place and whether it is in keeping with adjacent buildings. In terms of the adjacent buildings, there is a mix of styles including weatherboard, Californian bungalows and modern brick veneer. In principle therefore, the traditional design proposed which includes brick and weatherboard materials is appropriate for the area. The objectors are concerned by the visual impact of the dwellings and have called for the development to be limited to single storey dwellings. There are no other two storey dwellings in this area so it is important to consider what impact 4 two storey dwellings would have on heritage values. The applicant has provided a section between Lily and Thistle Streets which shows that the development would not be visible above the roof line of the existing dwellings in those streets when viewed from the footpath. This is not to say the development would not be visible as there will be views between some of the dwellings towards the site. However, these views will be limited as most dwellings on these streets do not have spacious settings to side boundaries. The slight fall towards the rear of the site also helps to minimise the impact. The view from Rowan Street will not have an adverse impact on the heritage place as the streetscape in this location is not one which is of particular significance due to no other dwellings fronting the street and opposite the site is a large embankment with a wide bank of on-street car parking spaces which appear to be being used largely by staff of the adjacent hospital. The garage/shed proposed to be demolished is not considered to have any apparent significance and its loss will not adversely affect the heritage precinct. The City's Heritage Architect / Advisor is satisfied that the proposal meets the heritage objectives of the Planning Scheme.

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Neighbourhood Character Neighbourhood character is referenced as an important consideration throughout the Planning Scheme including Clauses 15.01 Urban Environment, 16.01 Residential development, 21.06 Housing, 22.11 Central Bendigo Residential Character Policy, 32.01 Residential 1 Zone, 43.05, 55 Two dwellings on a lot and 56 Residential Subdivision. Clause 22.11 Central Bendigo Residential Character Policy (Precinct 2) is a relevant consideration for subdivision and development applications. Clause 22.11 has the principal objectives of ensuring that development is responsive to the desired future character of the area in which it is located and to retain and enhance the identified elements that contribute to its character. The policy sets out how the desired future character is to be achieved by the following objectives and design responses. Objectives

Response

To retain buildings that contribute to the Retain and restore wherever possible, valued character of the area. intact Victorian, Edwardian, Federation and Inter-war era dwellings. Alterations and extensions should be appropriate to the building era. Comment: As discussed above there are no concerns regarding the demolition of the outbuilding. To encourage the consideration of the Prepare a landscape plan to accompany landscape setting of the dwelling. all applications for new dwellings. Minimise paved areas, particularly in front of dwellings. Comment: A landscaping plan will be a condition of any permit granted. To minimise site disturbance and impact of Buildings should be designed to follow the the building on the landscape. contours of the site or step down the site. Comment: The dwellings will follow the contours of the site. To maintain the consistency, present, of building front setbacks.

where The front setback should be not less than the average setback of the adjoining two dwellings.

Comment: The adjoining dwellings do not have front setbacks therefore there is no consistency or pattern to follow. The 4m setback proposed is acceptable. To maintain spacing.

the

rhythm

dwelling Buildings should be off-set from at least one side boundary.

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Objectives

Response

Comment: The dwellings are offset from both boundaries. To minimise the dominance of car storage Locate garages and carports behind the facilities. line of the dwelling. Use rear access where available. Comment: All garages are located at the rear of the front dwelling. To respect the identified heritage qualities Where the streetscape contains identified of the streetscape or adjoining buildings. heritage buildings, reflect the dominant building forms in the street, including roof forms, in the new building design. Comment: As discussed above, the identified heritage qualities are respected. To ensure that buildings and extensions do not dominate the streetscape. Respect the predominant building height in the street and nearby properties.

Where there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height.

Comment: Although the predominant building height in the area is single storey, two storey dwellings are acceptable in this location for the reasons discussed in the heritage assessment. To use building materials and finishes that In streetscapes where weatherboard complement the dominant pattern within predominates, use timber or other nonthe streetscape. masonry cladding materials where possible, and render, bag or paint brick surfaces. Comment: The proposed materials and colour would complement the streetscape as discussed above. To ensure front fences are appropriate to Provide open style front fencing. Front the era of the dwellings and maintain the fences should not exceed 1.2 metres other openness of the streetscape. than in exceptional cases. Comment: A brick and railings front fence is proposed with a height of 900mm. The proposal would comply with all the objectives of the residential character policy and overall the proposal would be respectful of neighbourhood character. Residential Amenity The proposal has been assessed against the requirements of ResCode and is fully compliant in terms of amenity impacts on existing residences. The standards relevant to the objectorâ&#x20AC;&#x2122;s concerns are detailed below: PAGE 58

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B14 Access The access provision includes the objective of ensuring safe, manageable and convenient vehicle access to and from the development. The City's traffic engineer has assessed the proposal and has no concerns regarding the access or the traffic generated by the development. B21 Overshadowing The objective is to ensure buildings do not significantly overshadow existing buildings. The standard requires that at least 40% of private open space receives a minimum of 5 hours of sunshine measured between 9am and 3pm on September 22 nd. The applicant has provided overshadowing plans which show that the proposal would comply with the standard with ease. B22 Overlooking The objective is to limit views into existing, secluded private open space and habitable room windows. The development has been designed to meet the overlooking standard. All views to adjoining properties would be obscured, either by existing and proposed fencing and/or obscure/high level windows. Parking Residents have concerns about the perceived inadequate amount of parking proposed. The proposal provides for two spaces for each dwelling which is compliant with Planning Scheme requirements. In addition no visitor parking is required for developments of less than 5 dwellings. Conclusion The proposal would result in an efficient use of an infill development site which is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and shopping facilities and public transport. The proposal has been designed to integrate with its surroundings and would preserve the significance of the heritage place and respect neighbourhood character whilst providing much needed additional housing in an accessible location. Options Council, acting as the responsible authority, may resolve to approve or refuse to grant a permit. Attachments Objection

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RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the demolition of an outbuilding and four lot subdivision and construction of four 2 storey dwellings at 151 Rowan Street, Bendigo at subject to the following conditions: 1.

MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) Landscaping plan to accord with condition 2 (b) Schedule of materials and finishes to accord with condition 3 (c) The provision of a suitably located sign in the proposed common property to designate the common property as being a shared pedestrian and vehicular space.

LANDSCAPING PLAN REQUIRED The development permitted by this permit must not be commenced until a satisfactory landscaping plan for the whole of the subject land, including a maintenance schedule, is submitted to and approved by the responsible authority. A person suitably qualified or experienced in landscape design must prepare this plan. An endorsed copy of the plan must form part of this permit.

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

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

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

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

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

CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with plans and specifications approved by the Responsible Authority and must include: (a) underground drainage;

10. DETAILED DRAINAGE PLANS

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

Before the use or development is commenced, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Total Allowable Site Discharge: Q10 = 8 l/s 12. STORMWATER QUALITY

Before the use or development is commenced, the owner or applicant must provide a stormwater treatment system to achieve the â&#x20AC;&#x153;Best Practice Environmental Guidelinesâ&#x20AC;? storm water quality (Victorian Stormwater Committee, 1999) in accordance with plans and specifications to the satisfaction of the Responsible Authority. The responsible authority may deem this condition satisfied by a development contribution towards the treatment of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new stormwater treatment infrastructure has been or will be situated within the boundaries of the subject land or its immediate catchment. Such amount is assessed as $ 1,270.00 or such amount applying at the time of payment.

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13. DRAINAGE WORKS

Prior to the issue of the Statement of Compliance for the subdivision, drainage works must be constructed in accordance with plans approved by the responsible authority in condition 10 above. 14. SECTION 173 AGREEMENT â&#x20AC;&#x201C; ON SITE DETENTION SYSTEM

Prior to the issue of statement of compliance, the applicant/owner must enter into an Agreement under Section 173 of the Planning and Environment Act 1987 for each lot that will contain a treatment or detention facility. Such Agreement must covenant that; The on-site treatment system and/or detention system shall be designed by a qualified engineer and must be approved by the responsible authority prior to construction. Each onsite-treatment system and/or detention system must be constructed either prior to, or currently with, the construction of any dwelling on the specified lots. Each system must be completed prior to connection to the responsible authorityâ&#x20AC;&#x2122;s drainage system. The owner will maintain each on-site treatment system and/or detention system and not modify without prior written approval from the responsible authority. The owner shall allow duly authorised officers of the responsible authority to inspect the systems at mutually agreed times. The Owner will pay for all costs associated with the construction and maintenance of each on-site treatment and detention system. 15. CITY OF GREATER BENDIGO ASSETS

Before the development starts, the owner or developer must submit to the responsible authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of kerb & channel, footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit. 16.

PEDESTRIAN SIGHTLINES The minimum sight line for pedestrian safety must be provided at the exit lane frontage so as to accord with Clause 52.06-8 of the City of Greater Bendigo Planning Scheme.

17. VEHICLE CROSSINGS

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

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18. SEALED CAR PARK

Areas set aside for the parking of vehicles together with the aisles and drives must be properly formed to such levels that they can be utilised in accordance with the endorsed plan and must be drained and provided with an impervious all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the responsible authority. 19. USE OF CAR PARKING AREAS

Areas set aside for the parking and movement of vehicles as shown on the endorsed plan must be made available for such use and must not be used for any other purpose. 20. FENCING OF SITE

The fence(s) as shown on the endorsed plans(s) must be erected and maintained to the satisfaction of the responsible authority. 21. NO MUD ON ROADS

In the event of mud, crushed rock or other debris being carried onto public roads or footpaths from the subject land, appropriate measures must be implemented to minimise the problem to the satisfaction of the responsible authority. 22. PUBLIC OPEN SPACE CONTRIBUTION

The applicant or owner must pay to the City of Greater Bendigo an amount equivalent to 5% of land in the subdivision. This payment must be made before a Statement of Compliance is issued and may be varied under section 19 of the Subdivision Act 1988. 23. 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. PAGE 63

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24. TENIX

The plan of subdivision submitted for certification must be referred to SP AusNet (Gas) in accordance with section 8 of the Subdivision Act 1988. 25. POWERCOR

(a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with section 8 of that Act. (b) The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (a payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed. (c) The applicant shall where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. The applicant shall arrange compliance through a registered electrical contractor. (d) The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments that have been required. (e) Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations. (f) Any construction work must comply with the Officer of the Chief Electrical Inspector “No Go Zone” rules. 26. COLIBAN WATER

(a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with our 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.

RESOLUTION Moved Cr Leach, Seconded Cr Lyons. That the recommendation be adopted. CARRIED

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2.4 RESPONSE TO PETITION: UPGRADING OF BRIGHT STREET, EAGLEHAWK Document Information Author

Andrew Smith, Transportation Engineer

Responsible Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose The purpose of the report is to respond to the petition presented to Council on 2 May 2012 from residents and users of Bright Street, Eaglehawk. Policy Context Council Plan Reference: City of Greater Bendigo Council Plan 2013â&#x20AC;&#x201C;2017 Theme:

Liveability

Strategic Objective 2.4:

More people are confident to walk and cycle more often.

Background Information A petition was received from residents and ratepayers regarding the need to upgrade traffic safety in Bright Street, Eaglehawk, as outlined below: "Andrew Smith from the City of Greater Bendigo (Engineering Dept - Traffic Management Requests) is currently investigating options to make Bright Street safe for children and parents to use. If you are in support of the need to upgrade the road in front of the kinder, please sign below".

Signatures

Previous Council Decision(s) Date(s): At the Council meeting on 2 May 2012, a motion was passed that a meeting be arranged with petitioners and the Ward Councillor following completion of a traffic count in Bright Street, Eaglehawk.

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Report A traffic count was arranged in front of the Preschool between 23 May and 31 May 2012. On average, 1,132 vehicles per day travel in Bright Street between Willan Street and Reserve Street. 2.5% of these vehicles are commercial vehicles. The speed at which 85% of vehicles travel at was 53km/h or slower (85 th percentile speed). The morning weekday peak occurred between 8am & 9am and was 173 vehicles. The afternoon weekday peak occurred between 3pm & 4pm and was 163 vehicles. The 85 th percentile speed of vehicles averaged over the 2 peaks for weekdays was 49km/h. The 85th percentile speed of vehicles between 2pm & 3pm was also 49km/h. The majority of pick ups from the Preschool are around 2:30pm. Given that the majority of drivers are travelling at or under the speed limit, there is no speeding problem at pick up and drop off time. Bright Street is classified as a Collector Road and the traffic volume is in the expected range for that type of road.

A count of the number of children crossing the road between 2:20pm & 2:50pm was undertaken on Tuesday 19 June 2012. There were 11 parents who arrived and parked on the south side of Bright Street (opposite the preschool). All crossed the road to pick up their child and returned to their vehicles. Several parents had small children under preschool age with them. There were 7 parents who parked on the north side and did not need to cross the road. During the period from 2:20pm to 2:45pm, there were 15 vehicles passing the school (not stopping) to the west and 19 vehicles to the east. There was no apparent clash with any traffic generated from the Eaglehawk Secondary College student pickup. A meeting was held with users of the Bright Street Preschool on Friday 26 October 2012. Cr Cox and the Principal of the Eaglehawk Secondary College also attended. It was the consensus of the users that a zebra crossing be investigated.

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As zebra crossings are Major Traffic Control Items, they require the approval of VicRoads and have to meet certain warrants. One of the warrants is that they have at least 20 pedestrians per hour using them. Although this warrant is met at certain times of the day, it generally is not met. The purpose of the warrant is to verify that drivers can usually expect to have to give way to a pedestrian and therefore they are mindful of the crossing and prepared to stop for pedestrians. It is therefore unlikely that the crossing would be approved. The installation of a zebra crossing would also see the loss of five parking spaces. Three of them on the south side and two on the north side, so some users would have to walk further to the preschool entry. This would also move parking for the preschool in front of houses that currently do not experience on-street parking in front of their houses. A zebra crossing at this location would cost $40,000 to install. drainage and lighting.

This cost includes

Option: The kerb outstands shown on the plan could be constructed without the zebra crossing linemarking and signs. Kerb outstands would create a safer location for pedestrians to cross as pedestrians and drivers could better see each other and pedestrians have less distance to walk on the road. In this arrangement, the onus remains on pedestrians to give way to vehicles and as the pedestrian use is infrequent during the day this is preferred.

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The installation of kerb outstands would still require the loss of five parking spaces and impact on nearby houses as indicated above. Kerb outstands and improved lighting would cost $39,000 to build (same as the zebra crossing except for signage and linemarking). The proposal was discussed with Fiona Cannon, the Preschool Co-ordinator, who indicated support for it and committed to encourage parents and children to use it if constructed. A letter was sent on 5 August 2013 to all residents in Bright Street between Willan Street and Reserve Street asking for feedback on the kerb outstand proposal. No responses were received after 4 weeks. Other matters: It was noted at the earlier meeting that the 'Preschool Ahead' sign to the west was obscured by a tree and the trees in front of the preschool made it hard to see approaching vehicles. As a result, the sign was relocated from the power pole to a new pole on 5 November 2012 so that it is now in front of the tree. The City of Greater Bendigoâ&#x20AC;&#x2122;s Parks and Natural Reserves Unit also raised the canopies of three trees in front of the preschool to improve the sight distance and removed a low growing shrub that was overhanging the footpath. Consultation/Communication A meeting was held with users of the Bright Street Preschool on Friday 26 October 2012. Cr Cox and the Principal of the Eaglehawk Secondary College also attended. Mail out to affected residents asking for feedback. Resource Implications A budget allocation of $39,000 would be required to undertake the works. The relevant budget is Various Traffic which has only $20,000 remaining in the current financial year. Conclusion Traffic in Bright Street appears to behave appropriately and the volume of vehicles using it is appropriate to its purpose. Given the intermittent and concentrated nature of pedestrians, the best option to improve the safety for pedestrians crossing the road is to install kerb outstands. This option is supported by the Preschool.

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RECOMMENDATION That Council, having considered the issues in relation to pedestrian safety in Bright Street: 1.

Note the changes already made to signage and vegetation to improve visibility.

Support the installation of kerb outstands outside the Preschool at a cost of $39,000 when budget permits.

That 40km per hour zone be instigated in Bright Street between Eaglehawk Road and Reserve Street and that Council seek approval from Vic Roads.

Notify the submitters of the petition of Councilâ&#x20AC;&#x2122;s decision.

RESOLUTION Moved Cr Cox, Seconded Cr Williams. That the recommendation with additions as written CARRIED FURTHER MOTION Moved Cr Leach, Seconded Cr Cox.

That Council write to the Minister for Children and Early Childhood Development for assistance in seeking a 40km per hour zone outside the Bright Street Preschool.

CARRIED

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2.5 SPRING GULLY RECREATION PLAN Document Information Author

Lincoln Fitzgerald, Acting - Active Communities Manager

Responsible Director

Debbie Thewlis, Acting - Director Community Wellbeing

Summary/Purpose In 2010 Council recognised the need to plan and prioritise recreation facilities in the Spring Gully area due to growing participation in the sports of soccer and cricket and demand for passive recreation within the natural environment. As a result Council supported a successful funding application to the State Government to develop a recreation plan. This report seeks Council approval to exhibit the draft Spring Gully Recreation Plan for public comment over a 1 month period.

Policy Context Council Plan Reference: This report relates to many objectives of the Council Plan including planning for the future, developing public spaces and developing partnerships with other levels of government. Council Plan Reference Council Plan 20013 – 2017 1.1 - Our City undertakes successful lobbying and maintains its excellent reputation 1.3 - Our quality of life is maintained as our City’s population and economy grows 2.2 - Our communities have active and vibrant places in which to meet 2.3 - Open space and recreation facilities are well designed, extensively used and well maintained. 2.5 – Our community’s health and wellbeing improves over time 4.1 Existing infrastructure and assets are well maintained and appropriately upgraded to sustain them for future generations.

Strategy Reference: A range of background reports and material have been reviewed including but not limited to the following key documents.

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The Spring Gully Creek Landscape and Management Plan (2001) outlines key goals, vision and principles for future management and development of the linear creek reserve. The adopted Residential Strategy supports further residential development of the area. This includes: Pg. 8 Based on the community views expressed during the consultation process, and acknowledging the limited size of the sample, there would appear to be strong support for more intensive development within the centre of Bendigo, and at key sites near important institutions such as the university and the hospital. Pg. 20 It is anticipated that this form of high density development be concentrated within key inner urban locations, such as the CBD, Railway station, hospital and university precincts. Pg. 21 Additionally, land surrounding Latrobe University has been nominated as a Core Development initiative given that it is a significant generator of activity and would therefore be an attractive location for high density housing. Pg. 24 The University precinct presents a number of opportunities for the redevelopment of sites to support higher density housing. The whole precinct has important stands of native vegetation which need to be protected. It is not suggested that all of the areas within the precinct are necessarily suited to higher density development up to four storeys. The topography is varied and some sites are too prominent to be suitable for such development.

The Spring Gully Recreation Plan was also informed by the principles from the Healthy & Active Lifestyles framework. These include: Contribute to Social & Economic Well Being Improve the Quality of Provision Reflect Community Need Informed Decision Making Encourage Diverse & Equitable Opportunities Complement as opposed to Duplicate Preserve and Enhance the Natural Environment Protection of Future Development Opportunities Developing Partnerships and Positioning Appropriate Services Regional Strategic Plan Reference: This report aligns to the priorities of both the Northern and Southern Regional Strategic Plans particularly in relation to strengthening regional communities. The Southern Regional Plan within which Bendigo is contained includes a key initiative (2.21) to continue to invest in regional recreation infrastructure and programs to boost liveability and community connectedness

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Background Information In 2001 Council developed the Spring Gully Creek Landscape and Management Plan to develop a shared vision, goals and actions for the management of the Spring Gully Creek. However since its development it has become evident that current formal sporting facilities located along the creek are not sufficient for demand. Research has also recognised that there is a strong preference for participation in nonorganised/informal physical activities. Recognising the importance of providing a range of facilities and infrastructure that support both formal and informal physical activities a draft master plan has been developed that not only focuses on the scope of facilities and open space available within the Spring Gully Creek Reserve, but explores opportunities for use of formal sporting facilities elsewhere in the immediate surrounding areas. These opportunities would include partnerships with other providers (e.g. Bendigo East Secondary College and La Trobe University) to maximise shared use of facilities. Previous Council Decision(s) Date(s): Council previously supported the State Government funding application to the Community Facilities Funding Program â&#x20AC;&#x201C; Planning category 2011/12 in order to undertake recreation planning in the Spring Gully area. Report After extensive background research and consultation the following joint vision has been established for the Spring Gully Recreation Plan: The community will be well serviced by a diverse range of sporting participation opportunities that may be provided by Council and/or in partnership with other agencies. The surrounding bushland and significant indigenous vegetation will continue to shape the character of the region and be preserved and enhanced for future generations. The Spring Creek Reserve will be reinforced as a pivotal open space spine which provides access to a range of sports facilities, informal recreation opportunities and linkages to key destinations.

The key objectives for the future management of recreation and open space opportunities available in the corridor include: Protect and enhance the natural environment Ensure a balance between recreation and environment values Improve visual amenity and appeal of open space, infrastructure and facilities Maximise opportunities for the effective and sustainable management Enhance community involvement and stewardship Maximise use of existing resources and avoid unnecessary duplication of facilities

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Encourage partnerships and shared use of facilities Encourage and enhance physical activity participation opportunities for the community The draft Master Plan has a number of recommendations relating to sporting infrastructure improvements at both sites within the reserve and surrounding areas, operational considerations and other improvements to the passive facilities. While the Master Plan provides a strategic direction for development and enhancement of this area, some of the suggested development works will require further feasibility analysis to determine practicality and cost restraints. The most significant example of this is the proposed expansion of soccer facilities at Stanley Avenue to service Spring Gully Soccer Club.

Priority/Importance: Implementation of the plan is not intended to represent the level of importance of individual actions, but to provide Council and stakeholders with a guide to assist staged implementation of all recommendations in an order that is likely to provide maximum benefit to the community within realistic operational parameters. Options/Alternatives: If Council did not want to undertake broad public consultation, targeted consultation or no further consultation could be considered as part of the process. Timelines: The prioritisation categories for recommendations used are: Short term – target implementation within 2-3 years from adoption of the report Medium term – implementation within 3-5 years Long term – implementation within 5+ years Future action – relates to recommendations that have no defined implementation period and will be enacted as opportunities arise Ongoing – relate to recommendations that should be addressed as part of ongoing operations. Progress: The Spring Gully Recreation Plan has been under development for a long period of time. The plan recognises proposed projects in context with the other requests from sporting groups and residents.

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Risk Analysis: Development of an overarching recreation plan for the Spring Gully area provides guidance to Council around investment in sport and leisure infrastructure within this suburb. Over many years, ad-hoc development of sporting infrastructure has occurred and with some detriment. It is believed that by having this guiding document best use of land and resources will be achieved. Consultation/Communication The project was managed by an internal steering committee. The project brief required Insight Leisure Planning to consult with representatives of community groups, stakeholders and the local community. In addition 4 submissions were received and a community survey was administered (refer to Attachment 2 for results). Internal Consultation: Project Steering Committee consisting of representatives of: Active & Healthy Communities (Project Manager) Parks and Natural Environment Landscape and Open Space Strategy Building and Property External Consultation: Stakeholders and interest groups consulted include: Spring Gully United Soccer Club Bendigo Athletics Centre/YMCA Spring Gully Tennis Club Spring Gully Cricket Club Spring Gully Reserve Committee Spring Gully Primary School Bendigo Mountain Bike Club Parks Victoria DSE North Central Catchment Management Authority Public ward meeting

Resource Implications Indicative costs: Short Term (2-3yrs):

$745,000 - $1,230,000

Medium Term (3-5yrs):

$1,821,000 - $2,385,000

Long Term (5+yrs):

$590,000 - $840,000

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Future Term:

To be determined. This includes items such as development of LaTrobe University Athletics Complex and Stanley Avenue soccer facilities which require further analysis.

Total:

$3,156,000 - $4,455,000

Conclusion Implementation of the Spring Gully Recreation Plan will reinforce the significance of the Spring Gully Creek Reserve for local residents in meeting a diverse range of community recreation needs, including walking, cycling and passive enjoyment. The plan also outlines a number of opportunities for increased use of other reserves and venues for formal sports within the region, including partnerships with other providers and maximising shared use of facilities. The plan has an indicative costing across the short, medium and long term of up to $4,455,000 however additional feasibility and costing of some significant projects is required.

Attachments 1.

Draft Spring Gully Recreation Plan

Background Reference Report

RECOMMENDATION That Council 1.

Exhibit the draft Spring Gully Recreation Plan for public comment over a four week period

Place the document online and at key venues within the Spring Gully area

Provide a copy to each of the groups who have contributed toward development of the plan.

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

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2.6 ADOPTION OF LODDON MALLEE SOUTH REGIONAL GROWTH PLAN Document Information Author

Craig Niemann, Chief Executive Officer

Responsible Officers

Prue Mansfield, Director Planning and Development Craig Niemann, Chief Executive Officer

Summary/Purpose To provide Councillors with information about the development of the Loddon Mallee South Regional Growth Plan and seek adoption of the plan as the regionâ&#x20AC;&#x2122;s strategic framework for growth and land use planning. Policy Context Council Plan Reference: Planning for Growth Strategy Reference (include weblink as applicable): Our communities have the space and facilities they need for future growth Council Policy Reference (include weblink as applicable): Contribute to the Regional Growth Plan and Regional City Strategy being led by Regional Development Victoria Regional Strategic Plan Background Information The Loddon Mallee South Regional Growth Plan (RGP) is one of eight regional growth plans being developed across Victoria. Together with the Metropolitan Planning Strategy (MPS), the plans will form the basis of the State Governmentâ&#x20AC;&#x2122;s Vision for Victoria. The Loddon Mallee South Regional Growth Plan (the plan) has been developed in partnership between local government, state agencies and authorities. Councillors received a briefing on the development of the plan at a Forum on 20 March 2013. At its meeting on 21 August, 2013, Council endorsed a submission on the plan and at the Forum on 18 September, Councillors received a briefing on the final draft plan. Regional growth plans are intended to translate and integrate emerging state-wide regional land use planning policy. The Loddon Mallee South RGP responds to directions established in the Regional Strategic Plan (2010) for the Loddon Mallee South Region which represents regional aspirations and sets an agenda for regional development and long term strategic planning. The development of the Loddon Mallee South RGP is considered to be part of the implementation of the Loddon Mallee Regional Strategic Plan Southern Region.

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The draft Loddon Mallee South RGP aims to: Establish a framework for strategic land use and settlement planning that can sustainably accommodate growth Identify important economic, environmental, social and cultural resources to be preserved, maintained or developed Provide direction for accommodating growth and change including: residential, employment, industrial, commercial, agriculture and other rural activities Show which areas of land can accommodate growth and which are to be maintained Identify opportunities for supporting regional level infrastructure, providing an essential contribution to the long-term sustainability of the region. The key themes considered in the plan include: Supporting the development of a more diverse regional economy while managing and enhancing key regional economic assets Protecting environmental and heritage assets and maximising the regional benefit from them, whilst managing exposure to natural hazards and planning for the potential impacts of climate change focusing growth and development to maximise the strengths of existing settlements Supporting the improvement of people and freight movement and planning strategically for future infrastructure needs. The plan: Builds on the land use directions of the Loddon Mallee Regional Strategic Plan Southern Region (2010) Establishes a regional scale understanding of opportunities for growth and change Provides directions for managing future growth and change to capitalise on the regionâ&#x20AC;&#x2122;s competitive advantages, opportunities and strengths. Spatially identifies key employment and urban growth locations. Considers broad infrastructure requirements to support regional growth. Identifies important regional environmental, economic, community and cultural resources to be preserved, maintained or developed. The plan does not generally provide direction at a local level; this is the role of Councilâ&#x20AC;&#x2122;s normal planning functions and processes such as structure planning, municipal strategic statements and other strategic projects, and the issuing of planning permits. The plan has been developed over a two year period to allow for extensive consideration of the issues affecting the region, existing strategies, drivers of future change and views of stakeholders and the community. The development of the plan has included the following key stages: Establishment of the project - to prepare a project plan, timelines and establish governance arrangements involving councils and other key agencies. Development of an issues paper - to build an evidence base of data, issues and policy. Development of a strategic framework - to set the strategic directions of the plan, including a vision for the future and principles to achieve this vision.

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Development of the draft plan and background paper - the draft plan was subject to a broad public consultation from 4 April2013 to 31 May2013. Finalisation of the plan - submissions have been considered and the plan updated. The final plan was endorsed by the Project Steering Committee on 22 August 2013 to be considered for adoption by all councils in the region. City of Greater Bendigo, Craig Niemann is a member of the Project Steering Committee. Once adopted by councils, the plan will be submitted to the Minister for Planning for approval. Report The plan has been prepared by the project team in close collaboration with council officers and key agencies including government departments, water authorities and catchment management authorities. All councils in the Loddon Mallee South Region are represented on the plan’s Project Steering Committee and Technical Working Group and have had a significant input into the direction and content of the plan. It is intended that the plan be used to support regional and local infrastructure planning and investment which help implement the directions of the plan. It is expected that the plan will be referenced or included in planning schemes to aid its implementation. The plan includes future directions, strategies and actions in relation to the following matters: Economic development – this includes commercial and industrial activity, rural land use, agriculture, energy, earth resources, tourism and transport. Environment and heritage – this includes key environmental assets (such as landscapes, habitat, water and soils), cultural heritage and natural hazards and risks. Settlement – this includes identifying the regional urban settlement network, planning for smaller and rural settlements, unique settlements types and managing housing provision and the character of towns. Infrastructure – this includes transport networks, social infrastructure, energy, communications, water and waste. The Plan provides directions for managing future growth and change to build on the region’s strengths and to seize new opportunities. Challenges for the Loddon Mallee South Region include finding the most effective ways to: adapt to the likely impacts of climate change support communities

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provide for residential, commercial and industrial growth assist agricultural industries to remain competitive provide transport and other infrastructure to meet the needs of communities and industries protect and enhance environmental assets and minimise exposure to natural hazards, such as bushfires and floods diversify the economy, increase employment and fill skills gaps. The plan seeks to develop a region with: efficient and sustainable settlements sustainable rural communities a healthy environment and a celebrated heritage healthy, vibrant and resilient communities a thriving and dynamic economy a mobile and connected region. Consultation/Communication The plan has been under development since July 2011. Stakeholders and the broader community have been involved at various stages of the planâ&#x20AC;&#x2122;s development. A framework for the projectâ&#x20AC;&#x2122;s approach to consultation was established through the development of a community engagement strategy guided by the IAP2 spectrum of public consultation. Generally, consultation and engagement included a website, brochures, newsletters, face-to-face meeting and advertisements placed in locally circulating newspapers across the region. The project team has undertaken a number of meetings with councillors and Council officers during the development of the plan. Resource Implications There is no impact on Councilâ&#x20AC;&#x2122;s budget. All costs in the preparation of the plan have been borne by the Department Transport, Planning and Local Infrastructure (DTPLI), formerly the Department of Planning and Community Development (DPCD). It has taken considerable time commitment from the CEO and other senior staff, but this will reduce now the Plan is finalised. DTPLI will prepare the amendments that introduce the Regional Growth Plan into planning schemes, including any consequential changes to the LPPF needed to give them effect, however will not include MSS reviews. Council and other agencies may use the plan to help seek future funding and investment in infrastructure or other planning which supports the directions of the plan.

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Attachments 1.

Regional Growth Plan

RECOMMENDATION That Council: Adopt the Loddon Mallee South Regional Growth Plan as endorsed by the Loddon Mallee South Regional Growth Plan Project Steering Committee; and Request the Minister for Planning to approve the Loddon Mallee South Regional Growth Plan as adopted and consult with Loddon Mallee South councils on implementation into planning schemes.

RESOLUTION Moved Cr Williams, Seconded Cr Fyffe. That the recommendation be adopted. CARRIED FOR VOTE - UNANIMOUSLY

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LIVEABILITY

3.1 REVISED REDESDALE COMMUNITY PLAN 2013 Document Information Author

Lyn Talbot, Corporate and Community Planner

Responsible Director

Prue Mansfield, Director Planning and Development

Summary/Purpose To advise Council of the completed revision of the Redesdale and District Community Plan 2013. Policy Context Council Plan Reference: Community Plans provide an important form of engagement in the various small town and neighbourhood communities, and they facilitate a strong basis for connection and communication between the City of Greater Bendigo and the communities. Review and renewal of the Small Town Community Plans is an ongoing priority of Council. It has been listed as a priority action in the 2013-2017 Council Plan. In addition, Council has made a strong commitment in the Council Plan to undertaking diverse community engagement as a means of achieving mutual understanding about ongoing priorities and future developments, and implementing strategies that support people to feel connected to their communities. Regular review of a community plan provides an important opportunity to bring community members together to reflect on what has been achieved, what is yet to be done, and to develop new goals and actions that reflect changing community profile and priorities Greater Bendigo 2036: Council made a strong commitment in 2005 to support the development of community plans, including the Greater Bendigo +25 Community Plan which set a long-term agenda for the whole municipality. The Greater Bendigo 2036 community plan was completed in 2011, and it represents an updated long-term (25 year) vision by the community. One recommendation in that plan was to ensure that local community plans continue to have significance and resonance in various Council discussion forums. Greater Bendigo 2036 identifies a community priority to "Plan strategically to foster community inclusiveness" and â&#x20AC;&#x153;Provide genuine opportunities for public input into locality plans before they are finalised, to overcome the perception of tokenismâ&#x20AC;?. PAGE 81

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The 2036 Community Plan is referred to in the Council Plan as a major document providing input into the yearly revision. Background Information Following the development of the over-arching Greater Bendigo +25 Community Plan in 2005 a process was commenced to support each of the eleven small towns to develop their own community plan with a shorter time-frame. State Government support for the +25 initiative hasnâ&#x20AC;&#x2122;t been continued, but the CoGB has continued to endorse the provision of resources for plan preparation, revision and implementation. It is a normal cycle that plans need review and renewal periodically, perhaps when some of the goals have been achieved, or others are no longer priorities for the community. This review process provides an opportunity to look back and celebrate what has been achieved, and to look forward to what can be achieved together in the future. In the case of Redesdale, it has a very active and collaborative community committee, the Redesdale and District Association (RaDA) formed to oversee the activities to make sure all community members could become involved in developing a revised community plan. Many small towns are challenged by the need to maintain their local services and facilities and ensure the viability of their local groups and organisations. Underpinning this challenge, in recent times both the local Redesdale shop and the hotel have closed. The Redesdale plan review process also had added complexity because the geographic area spans two local government areas, and many landholders live elsewhere most or all of the time. Working together across the whole community means the workload can be shared and is less onerous and this has been one of the main aims of RaDA in undertaking this process. They have provided a range of formal and social community occasions to create opportunities for active participation in the plan development and to make connections across the community that may sustain during the implementation. In the past, each new or revised community plan has been endorsed by Council to be used as a primary document of advice regarding identified community priorities, and with regards potential funding opportunities. Report The Revised Redesdale & District Community Plan The goal areas identified by the community are: A town with modern, safe and attractive amenities to support the rural way of life; A thriving local farming and tourism industry which is well advertised and signposted, celebrating local produce and talent; A community where young and old are cared for and that residents are involved and visitors welcome. Providing an environment where residents have access to health services and young children are well occupied. PAGE 82

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Consultation/Communication The Redesdale and District Association was formed to provide opportunities to bring local groups and community members together, including undertaking a revision of the 2008 Community Plan. The community planning review processes undertaken recently by the Association involved extensive community consultations that centres around social events designed to connect community members. The revised plan was launched by Mayor Cr Lisa Ruffell at an informal community social event on Sunday September 8th. A new Redesdale website www.redesdale.net was launched at the same community event. Conclusion The Redesdale and District Association has delivered a renewed Community Plan that will contribute in a strategic manner to informed exchange of advice and information between the communities and the City of Greater Bendigo, and other interested organisations. The community goals are set to be achieved by a number of specifically documented local actions, and in some cases collaborative partners have been identified. Community plans enhance the structured mechanism for successful partnerships to form between these communities and organisations with an interest in the development of Redesdale, including the CoGB. As with all Small Town and Neighbourhood community plans, the goals outlined in this Redesdale Community Plan should be considered when new Council Plan actions and other strategic planning processes are being undertaken. Resource Implications The City of Greater Bendigo has continued support for the development of new community plans in the small towns and neighbourhoods, and the review of these plans when appropriate. During the process of development and review the communities are provided with a range of in-kind assistance, such as document development, printing and mailing. These costs are covered in the annual Community Planning budget. Resource implications for the implementation phase of the Community Plans are supported by staff from the Community Wellbeing directorate who assist with grants funding applications and support and a range of other community development activities and celebrations.

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Attachments 1.

The revised Redesdale Community Plan.

RECOMMENDATION That Greater Bendigo City Council: a. Acknowledge the review, finalisation and launch of the Redesdale & District Community Plan 2013; and b. Endorse the principle that City of Greater Bendigo involvement in these geographic areas and communities be guided by the relevant Community Plan. RESOLUTION Moved Cr Campbell, Seconded Cr Leach. That the recommendation be adopted. CARRIED

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3.2 WOMEN SHOWING THE WAY FORUM 2013 Document Information Author

Tiffany O’Connell, Councillor Support Officer Peter Davies, Executive Services Manager

Responsible Director

Pauline Gordon, Director Community Wellbeing

Summary/Purpose The purpose of this report is to advise Council of the outcomes of ‘Women Showing the Way’ forum held on Wednesday 24 July, 2013 at the Bendigo Town Hall. Policy Context Growing community resilience, connectedness and social capital. Background Information The conduct of this forum was approved by Council at its Ordinary Council meeting held on 19 December, 2012 as part of the ‘Women Showing the Way’ initiative.

Previous Council Decision(s) Date(s): Council’s Ordinary meeting 19 December 2012 Council’s Ordinary meeting 15 August 2012 Council’s Ordinary meeting 10 November 2010 Report Cr Lisa Ruffell hosted the fourth 'Women Showing the Way' forum for local secondary school students within the municipality. The aim of the forum was to inspire and encourage young women to become involved in community life. The participating schools were: • • • • • • •

Bendigo Senior Secondary College Bendigo South East College Catholic College Bendigo Eaglehawk Secondary College Girton Grammar School Weeroona College Bendigo Crusoe College

Participating students were selected by the schools.

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Approximately 165 students attended ranging from Year 9, 10, 11 and 12 with the majority being in Year 10. The forum was officially opened by Senator Bridget McKenzie. This year’s special guest speaker was well known media identity Samantha Lane. Samantha is an award winning journalist for The Age newspaper and a Channel Seven football commentary panellist. The forum was supported by inspirational addresses by: The Hon Jacinta Allan, Member for Bendigo East Ms Kelly O’Dwyer MP, Federal Member for Higgins Linda Beilharz OAM, CEO Women’s Health Loddon Mallee and 2013 City of Greater Bendigo Citizen of the Year Twenty women leaders were invited to host a table of approximately nine girls, encourage interaction, facilitate round table discussions and help with the formulation of questions to the guest speakers. Cr Ruffell was the master of ceremonies for the forum. Cr Ruffell facilitated a round table discussion session focusing on three questions: What is success? Where would you like to be in 5 years’ time and/or what are your goals (education, employment)? What will you take away from today?

Outcomes of the day were: Encouragement and inspiration for students. Opportunity for students to meet with community leaders. Interaction with students from other schools. Students completed a questionnaire providing feedback on the event, the results are as follows: Very Good Women Showing the Way 85 was:

Good

Average

Strongly Agree I enjoyed Women Showing 76 the Way I learnt a lot by attending 64 Women Showing the Way

Agree 65

Not Sure 5

Some feedback provided by the students was as follows:-

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Poor -

Disagree

Very Poor -

Strongly Disagree -

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“Overall the forum was very inspiring and something I will always remember and look back on” “It is such an exciting thing to be able to interact with successful women, and to celebrate that there are so many successful women in our community and beyond” “It was a really inspirational program for myself and others, it has really helped me for what I am planning for the future, and career” Resource Implications The costs of the forum included venue hire, keynote speaker, catering, and audio-visual equipment totalling approximately $10,000. In addition there was considerable voluntary effort by community leaders who made themselves available for the day. Council has allocated a base amount of $10,000 for the 2014/2015 and 2015/2016 financial years, plus any necessary adjustment for attendance increase. Attachment Nil

RECOMMENDATION That Council acknowledge the continued success of the 'Women Showing the Way' forums. RESOLUTION Moved Cr Williams, Seconded Cr Campbell. That the recommendation be adopted. CARRIED

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3.3 SPECIAL COMMITTEES OF COUNCIL Document Information Author

Deb Simpson, Coordinator Connecting Communities Suzie Mansell, Manager Community Partnerships

Responsible Director

Debbie Thewlis, Acting Director Community Wellbeing

Summary/Purpose To inform Council of the outcomes of work undertaken in response to the findings of recent audits of how the City of Greater Bendigo (CoGB) manages Special Committees of Council (Special Committees). To complete the review of Council delegations under section 86 of the Local Government Act 1989 (Act), in accordance with section 98 [6] of the Act. Policy Context Council Plan Reference: This report responds to strategic objective 5.1 within the 2013/17 Council Plan: Council demonstrates good governance and leadership. Background Information The Act is the guiding legislation for Victoria’s 79 Local Government Authorities (LGAs). In accordance with section 86 of the Act – except as provided in subsection 86 [4] – a Council may by instrument of delegation delegate any of its functions, duties or powers under this or any other Act to a Special Committee. In effect, such Special Committees are an extension of Council, hence stringent governance and administrative requirements are attached to them. Special Committees are also often referred to as Section 86 Committees. Within CoGB's context, Council has also provided delegated authority to the Chief Executive Officer (CEO) to establish or dissolve Special Committees, or to amend their respective Instruments of Delegation. It has historically been common place for LGAs to establish Special Committees. In many instances, the core function of such Special Committees has been to manage the day to day operations of local community facilities (such as halls or recreation reserves). It could therefore be argued that Special Committees have played an important role in bolstering the capacity of LGAs to maintain community access to community facilities, particularly in rural areas.

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Insurance coverage issues have also been a driver for the establishment of Special Committees. The 11 September 2001 incident at the World Trade Centre in New York sparked an insurance industry crisis, resulting in many community groups subsequently not being able to obtain affordable insurance coverage (if they could obtain coverage at all). Some LGAs responded to this scenario by establishing Special Committees to fulfil the community groups' functions, thus affording insurance coverage for those functions through the LGAs policies. How CoGB manages its Special Committees has been the focus of some recent audits. External audits The Local Government Investigations and Compliance Inspectorate (Inspectorate) is an independent administrative office established to assess the compliance of Victoria’s 79 LGAs with the Act. The Inspectorate conducts compliance audits across all Victorian LGAs, including spot audits, and also investigates complaints of alleged breaches of the Act. The Inspectorate is staffed by Inspectors of Municipal Administration (Inspectors) who have been appointed in accordance with section 223A of the Act. Their powers are stipulated in section 223B of the Act. The Inspectors are divided into teams of investigators and auditors who carry out the functions of the Inspectorate. A key role of the Inspectorate is to promote voluntary LGA compliance with the requirements of the Act and encourage accountability, transparency and best practice within the sector. In 2011 the Inspectorate conducted a spot audit of CoGB’s compliance with the provisions of the Act pertaining to Special Committees. The audit found CoGB to be noncompliant in a number of areas, with aspects noted as requiring improvement including: the management of data relating to the number of Special Committees and their status. the review of Special Committee Instruments of Delegation. the management of Committee membership, meeting and financial records . The Inspectorate’s recommendation arising from the 2011 audit was that Council undertake an immediate review of the administration of Special Committees, including the requirement that all staff be fully aware of the requirements of sections 81, 86, 87 and 98 of the Act. The Inspectorate undertook a follow up audit in December 2012. Whilst the Inspectorate commended CoGB for the significant progress it had achieved to date, the recommendation arising from the 2012 audit was that Council ensure that the review is continued until a determination is made on the transition or otherwise of the remaining Special Committees. The Inspectorate stipulated that CoGB should aim to finalise its review of Special Committees by 30 June 2013. A recent Liability Mutual Insurance audit commissioned by the Municipal Association of Victoria (MAV) also focused on CoGB’s current management practices associated with Special Committees, and how those practices could impact on the organisation’s Public Liability and Professional Indemnity insurance coverage. PAGE 89

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The audit identified that CoGB needs to strengthen its Special Committee governance and administrative arrangements in order to fully understand the potential benefits and risks the maintenance / establishment of them may present for our organisation. Internal audit In line with the 2012/13 Internal Audit Program as approved by CoGB's Audit Committee, HLB Mann Judd also undertook an audit of CoGB's management of Special Committees. The objectives of the audit were to assess whether: CoGB had appropriate policies and procedures in place to govern the delegation of Councilâ&#x20AC;&#x2122;s powers, functions or duties. Council had complied with section 86 of the Act in relation to delegation of its powers, functions or duties. CoGB had appropriately analysed, categorised and treated Special Committees in accordance with its risk management framework. CoGB had appropriate oversight of all Special Committees, including monitoring and reporting mechanisms in place to enable effective management of Special Committees. The audit identified a key opportunity for improvement as being the development of formal policies, procedures and manuals relating to Special Committees. Given there currently is one remaining Special Committee, and the CoGB Independent Review recommendations being that Council consider the establishment of a Special Committee to make determinations on statutory planning applications, investment in the development of such policies, procedures and manuals may be prudent in the longer term. The audit identified that CoGB's risk assessment processes to identify and monitor Special Committee related risks are inadequate. The auditors assessed the six issues identified by the audit in terms of their potential impact on Council / CoGB and assigned them a risk rating. Four of the six issues were assigned a moderate risk rating, while the remaining two were assigned a low risk rating. The risk rating scale was defined as follows: High - A serious weakness, which exposes the organisation to a material extent in terms of achievement of corporate objectives and/or financial results. Moderate - A control weakness which can undermine the system of internal control and should therefore be addressed by management. Low - A weakness which does not seriously detract from the system of internal control but which should nevertheless be addressed by management. 5

While the audit findings reflected that CoGB was in a transition phase and planned to have very few if any Special Committees still in place by 30 June 2013, a number of recommendations were included. The essence of these recommendations was that CoGB should develop:

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a framework to assist with decision making about the establishment / maintenance of Special Committees (e.g. will their core objectives support the achievement of Council objectives?) policies and procedures in order to strengthen Special Committee governance and administrative arrangements and support improved future compliance with the provisions of the Act. manuals to assist Special Committees in achieving their core objectives and meeting their obligations as per their respective Instruments of Delegation. At the time of preparing this report CoGBâ&#x20AC;&#x2122;s Audit Committee is yet to formally consider the audit report. Previous Council Decision(s) Date(s): Nil. Report The information provided in the body of this report is intended to respond to Council's request for information about progress against the audit findings and to support Councilâ&#x20AC;&#x2122;s statutory obligation to review all Instruments of Delegation within one year of being elected. In response to the recent audit findings, Council Officers worked with CoGB's 45 Special Committees between January 2012 and June 2013 to determine their respective potential to transition to alternative governance and administrative arrangements. Most have now successfully transitioned to, for example, an Incorporated Association structure with a linked Management Agreement, Lease or Licence (hereafter referred to as 'new entities'). Others have been disbanded as consultation with their respective members determined there was no further requirement for their stated core function. The Bendigo Maubisse Friendship Committee (BMFC) is now the only remaining Special Committee after moving the following motion at its 1 June 2012 meeting: That the BMFC advise Council that it desires to remain as a Special Committee. Attachment 1 provides a summary of each Special Committee's transition status. The review process has had many benefits. It has presented an opportunity for CoGB to address historic issues associated with inconsistent documentation. Greater clarity and equity has also been achieved in terms of roles and responsibilities of each of the various new entities, as well as the level of support CoGB provides. The transition away from Special Committee governance and administrative arrangements has almost unequivocally resulted in fewer and less onerous reporting requirements for the various new entities. Importantly, the review process has not had a negative impact on community access to community facilities managed by the respective new entities â&#x20AC;&#x201C; in fact, in some instances it has improved the level of transparency with associated facility allocation processes.

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The Inspectorate has indicated it considers the work CoGB has undertaken to date in supporting the transition of Special Committees to alternative governance and administrative arrangements to be a good practice model for other LGAs who are yet to review their management of Special Committees. Progress: The Inspectorate stipulated that CoGB should aim to finalise its review of Special Committees by 30 June 2013. The BMFC is now the only remaining Special Committee as 44 of CoGB's 45 Special Committees were either transitioned or disbanded prior to this date. However, there is still considerable work for CoGB to undertake in developing a decision making framework and any associated policies, procedures and manuals to strengthen governance and administration of any Special Committees that may be maintained / established into the future. A report will be presented to Council to consider the request from the BMFC to remain as a Special Committee. Council officers will meet with the committee; undertake further research and provide advice on this matter. Consultation/Communication Internal Consultation: Due to the varied nature of the core functions of CoGBâ&#x20AC;&#x2122;s 45 Special Committees, an Internal Steering Group (Steering Group) was established to guide the early stages of the review process. This Steering Group included representatives of the Building and Property, Children and Family Services, Community and Cultural Development, Executive Services, Parks and Natural Reserves and Recreation Units. This Steering Group was disbanded in April 2012 after all parties conveyed that they felt the proposed review process methodology was sound. Respective Officers were then subsequently consulted as required. External Consultation: The review process entailed supporting the development of the respective Special Committeesâ&#x20AC;&#x2122; knowledge base about the various opportunities and challenges that different governance and administrative arrangements may present. This consultation process also identified opportunities for other community capacity building initiatives that can be further explored as resources permit. Resource Implications Once their Special Committee status is revoked, the new entities are generally not able to be covered by CoGB's insurance policies. This situation was not previously well understood. Sourcing insurance coverage for the new entities has, on occasions, been complex and challenging and CoGBâ&#x20AC;&#x2122;s Community Partnerships Unit has worked with CoGB's Organisation Support Directorate in assisting the new entities to source appropriate insurance coverage. In some instances an interim arrangement was implemented and CoGB provided insurance coverage for a defined period.

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Now that the availability of appropriate insurance coverage has been established, it is understood that the cost of such insurance remains an issue for some of the new entities. It is possible that CoGB will be approached by some of the new entities seeking financial assistance with these costs. Such approaches will be considered on a case by case basis and any subsequent variances to budget will be reported through CoGB's established financial reporting processes. The Committee Development Officer - based within CoGB's Community Partnerships Unit - has led much of the community engagement and consultation involved in the review process. Although much of the Committee Development Officerâ&#x20AC;&#x2122;s time and energy was focused on the review process between January 2012 and June 2013, it is now largely focused on progressing on other volunteer capacity building needs that have been identified e.g. training in event planning and management, grant seeking and writing and risk management. Importantly the proposed new Community Partnerships Unit structure reflects an ongoing commitment to the development of volunteer capacity within our community. Conclusion The Local Government Act 1989 (Act) provides the ability for a Council to delegate some of its functions, duties or powers to Special Committees. Stringent governance and administrative requirements are therefore attached to such Special Committees. CoGBâ&#x20AC;&#x2122;s management of Special Committees has been the subject of some recent audits which has triggered a review. The review process focused on identifying alternative governance and administrative arrangements for CoGB's 45 Special Committees and working with them to support their transition. Most Special Committees have now successfully transitioned to alternative arrangements such as an Incorporated Association structure with a linked Management Agreement, Lease or Licence ('new entities'). Other Special Committees have been disbanded as consultation with their respective members determined there was no further requirement for their stated core function. The Bendigo Maubisse Friendship Committee (BMFC) is now the only remaining Special Committee and has asked that Council formally consider its request to be maintained as a Special Committee. The review process has had many benefits. It has presented an opportunity for CoGB to address historic issues associated with inconsistent documentation. Greater clarity and equity has also been achieved in terms of roles and responsibilities of each of the various new entities, as well as the level of support CoGB provides. The transition away from Special Committee governance and administrative arrangements has almost unequivocally resulted in fewer and less onerous reporting requirements for the various new entities. Importantly, the review process has not had a negative impact on community access to community facilities managed by the respective new entities â&#x20AC;&#x201C; in fact, in some instances it has improved the level of transparency with associated facility allocation processes.

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Sourcing insurance coverage for the new entities has, on occasions, been complex and challenging. Now that the availability of appropriate insurance coverage has been established, it is understood that the cost of such insurance remains an issue for some of the new entities. It is possible that CoGB will be approached by some of the new entities seeking financial assistance with these costs and such approaches will be considered on a case by case basis. While considerable work has already been undertaken to respond to the audit findings, it should be noted that there is still further work for CoGB to undertake in developing a decision making framework and any associated policies, procedures and manuals to strengthen governance and administration of any Special Committees that may be maintained / established into the future. This body of work will require significant CoGB resource allocation in terms of Officer time. A further report will be presented to Council about BMFCâ&#x20AC;&#x2122;s request to continue as a Special Committee. Attachments 1.

Summary of each Special Committee's transition status.

RECOMMENDATION That Council: 1. acknowledge the significant work undertaken and outcomes achieved to date in response to the audit findings. 2. develop a framework to assist with decision making about the establishment / maintenance of Special Committees to guide Council in the event that it wishes to maintain or establish any Section 86 Committees in the future, and develop formal policies, procedures and manual relating to Special Committees. 3. undertake further consultation with BMFC and other relevant stakeholders about BMFC's request to continue as a Special Committee, and consider a further report once the consultation is completed.

MOTION Moved Cr Cox, Seconded Cr Fyffe. That Council: 1. acknowledge the significant work undertaken and outcomes achieved to date in response to the audit findings.

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2. develop a framework to assist with decision making about the establishment / maintenance of Special Committees to guide Council in the event that it wishes to maintain or establish any Section 86 Committees in the future, and develop formal policies, procedures and manual relating to Special Committees. 3. undertake further consultation with BMFC and other relevant stakeholders about the committee's request to continue as a Special Committee, and consider a further report once the consultation is completed. CARRIED

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PRODUCTIVITY

4.1 1. ANNUAL SNAPSHOT OF OPERATIONS - THE CAPITAL - BENDIGO'S PERFORMING ARTS CENTRE 2012/13 Document Information Author Centre

David Lloyd – Manager, The Capital – Bendigo’s Performing Arts

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose The purpose of this report is to provide Council and the community with a brief overview of recent achievements by the team at The Capital – Bendigo’s Performing Arts Centre and an outline of key management and policy pursuits currently guiding the operation of this significant Council-owned and operated facility. Policy Context 2.7. Greater Bendigo is known for its vibrant and diverse arts and culture scene 2.7.5

Continue to deliver quality performing arts programming and activities to the central Victoria region.

2.7.6

Conserve, interpret and increase activity and use of important Bendigo venues, including the Bendigo Town Hall and The Capital.

Background Information The Capital – Bendigo’s Performing Arts Centre is a significant Council-owned and operated facility. It presents a year-round program of activities comprising cultural and entertainment performances, conferences and conventions, exhibitions and community arts events across its many and varied venues: The Capital Theatre (485-seat) The Bendigo Bank Theatre The Banquet Room The Lanyon Room The Old Fire Station Drama Studio The Old Fire Station Dance Studio and Dudley House

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The Capital’s facilities are also available for a range of functions and events including wedding receptions, dinners, conferences, workshops, meetings, rehearsals, exhibitions and displays. It is also worthy of note that the team at The Capital also manage the Bendigo Exhibition Centre and the Bendigo Town Hall. This had not always been the case. It only occurred a few years ago and has proved to be logical and efficient Key Achievements in 2012/13 Key achievements or milestones achieved in 2012/13 include:

A total of 213 performances held for the year - a significant increase on the previous financial year of 190; 3,853 patrons attended 10 performances specifically designed for seniors (75 yearsplus); 11,438 patrons attended 42 performances specifically designed for young people and families including 7,292 patrons attending 20 major performances by schools and 4,145 patrons attending 22 performances for children; A total of approximately 52,000 tickets excluding external ticket sales sold which is an increase on the previous year (46,600); Approximately 16,500 patrons attended private or public functions meetings, conferences or forums; (this is a decrease on last year’s 22,000); Continued to significantly contribute to the development of the new 1,000 seat performing arts centre in conjunction with Bendigo Senior Secondary College; Continued strong representation of The Capital in State and National forums, including Presidency of the Australian Performing Arts Centres Association, Executive of Victorian Performing Arts Centres Association and selection panellist for the Helpmann Awards (Australia’s premier Performing Arts awards); Renewed sponsorship and funding alliances with Bendigo Bank, WIN TV, Arts Victoria, ABC Central Victoria and others; and Staged the successful inaugural Bendigo Writers Festival held between 10-12 September 2012. Feedback from this festival was very positive and was presented in association with La Trobe University, Bendigo Weekly and other key stakeholders.

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Resource Implications A summary of income and expenditure for the year 2012/2013 is included below: INCOME ($) Box Office (inc external box office) Catering, Functions and Hire in Activities Programming Activities (includes State Govt grant of $140,000) Basement/Old Fire Station/ Dudley House Bendigo Writers Festival Sub-Total EXPENDITURE ($)

186,820 1,306,141

Box Office (inc external box office) Catering, Functions and Hire in Activities Programming Activities Maintenance, Operational and Utilities Basement/Old Fire Station/Dudley House Bendigo Writers Festival Sub-Total

472,001 1,572,352 889,141 286,540 47,636 34,709 3,302,379

Net operational cost (Cost to Council)

407,546 46,255 41,290 1,988,050

-1,314,328

This net cost result was approximately $11,000 more favourable than budget ($1.33 M) approximately 1%. 2012/13 was a very active year with an increase in the number of performances in the venue. In particular there was a significant increase in the Hire In Arts Activities area with more commercial hires for performances. There has been a favourable overall result in the budget and attendances. The Capital has a Full-Time Equivalent staff composition of approximately 12. This is less than last year as we did not need to staff any Bendigo Art Gallery ticketing major events. In addition, the team manages a group of near-on 50 incredibly invaluable volunteers!

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Table 1: Five year trending of net cost $1,400,000 $1,200,000 $1,000,000 $800,000 Net Cost

$600,000 $400,000 $200,000 $0 2008/2009

2009/2010

2010/2011

2011/2012

2012/2013

Table 1 shows the 5 year trend of net cost to Council. There was a significant drop in net cost in 2011/12 due to the significant revenue generated by the sale of tickets for Grace Kelly exhibition. The Capital was the ticketing agent for this event. With no major exhibition in the 2012/13 year to provide us with the additional revenue we were able to reduce our net cost to Council compared to the 2010/11 year.

Table 2: Five year trending tickets sold

Tickets sold 60,000 50,000 40,000 30,000 20,000 10,000 0 08/09

09/10

10/11

11/12

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Table 2 shows the 5 year trend in ticket sales to performances at The Capital. As can be seen there has been a steady trending upwards culminating in an all-time record number of sales of approximately 53 500 tickets in the 2012/13 year. Table 3: Five year trending number of performances

Number of Performances 250 200 150 100 50 0 08/09

09/10

10/11

11/12

12/13

Table 3 shows the 5 year trend in the number of performances held at The Capital venues. Again it indicates a steady trend upwards to an all-time high of 216 in 2012/13. This has led to a point where venues and staffing resources have reached close to capacity. Table 4: Five year trending other attendances

Other Attendances at The Capital 25,000 20,000 15,000 10,000 5,000 0 08/09

09/10

10/11

11/12

12/13

Table 4 shows the 5 year trend for attendances at other events at Capital venues. This includes functions, weddings, exhibitions, workshops, meetings, etc. There is a far more volatile trending and highlights the effect of the Global Financial Crisis (GFC) on the function and meeting industry nationally through the large dip in 2009/10. PAGE 100

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From that point there has been a steady increase returning to 2008/09 levels in 2011/12. However the spatial challenges of the venue which mean that it is difficult to program a function at the same time as performances. Therefore the increase in activity in performances has led to a decrease in availability of function spaces. The completion of the new 1,000 seat theatre will significantly increase our ability to grow our function business.. Current or emerging challenges Current or emerging challenges and priorities for The Capital include: Declining function related commercial activity at The Capital due to unavailability of spaces. This is primarily due to the increase in performing arts and associated schools/community activity. The development of the new theatre at the former Gaol will significantly reduce this challenge. It will provide us with a much greater level of flexibility in programming between various venues. Declining audiences in some traditional theatrical events. This is a challenge across the industry and is likely related to a growing lack of confidence in the economy. We need to adjust our programming to reflect this. We have had to rebuild the clientele for our commercial function as our reputation suffered a setback due to the poor performance and subsequent termination of our previous commercial contractor. Happily the current contractor is producing excellent results and we expect to be back on track with commercial business over the next 12 months. The continued challenge of developing new and maintaining existing audiences for the Performing Arts in an increasingly dynamic competitive environment. The implementation of the recommendations of the Independent Review relating to City Futures will create a significant challenge for this work unit over the next 12 months.

Management and Policy Directions Key management principles and policy pursuits currently underpinning our operations and planning include: Seeking continued growth in attendances, revenue streams and sponsorships where possible; Utilising the specialist venue management skill of The Capital staff across a number of key Council properties; Develop and implement an integrated Venue Management, ticketing and financial system to streamline operational critical software applications to improve workflow. Continuing to work closely with Bendigo Art Gallery and Bendigo Tourism through specialised ticketing services for Blockbuster exhibitions and special events; PAGE 101

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Positioning The Capital as one of the premier performing arts centres in regional Australia through strong occupancy levels and innovative programming; Develop marketing strategy and awareness campaign for new theatre; A continued focus on implementing intelligent database marketing models; Continued development of a positive team culture among the staff of The Capital and volunteers; and Adhering to strong customer-focussed principles.

RECOMMENDATION That the Greater Bendigo City Council acknowledge the performance of the management, staff and numerous volunteers at The Capital â&#x20AC;&#x201C; Bendigoâ&#x20AC;&#x2122;s Performing Arts Centre and their on-going contribution to our regional community and economy. RESOLUTION Moved Cr Fyffe, Seconded Cr Williams. That the recommendation be adopted. CARRIED

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4.2 2. ANNUAL SNAPSHOT OF OPERATIONS - BENDIGO EXHIBITION CENTRE 2012/2013 Document Information Author

David Lloyd, Manager – The Capital / BEC / Bendigo Town Hall

Responsible Director

Stan Liacos, Director City Futures

Summary/Purpose The purpose of the report is to brief Council and the community on the 2012/13 financial and operational performance of the Bendigo Exhibition Centre. Policy Context 3.4 Tourism and Major Events are a significant contributor to our economy 3.4.5

Attract, retain and nurture major events that deliver substantial economic, promotional and social benefit for Greater Bendigo

Report The Bendigo Exhibition Centre (BEC) is a City of Greater Bendigo owned and managed facility that was built with shared funding from the Victorian Government, City of Greater Bendigo, Bendigo Agricultural Show Society and Federal Government. The Centre, which opened in June 2006, is understood to be the largest clear-span agricultural exhibition space in regional Australia, and is providing a quality venue for large events in Bendigo, particularly agricultural events and trade expos. The day-to-day operation and management of the Centre is overseen by the staff of The Capital – Bendigo’s Performing Arts Centre. In accordance with the agreement made by Council in January 2006, the operation and ownership of the Exhibition Centre will revert to the Bendigo Agricultural Show Society (BASS) from November 2015. This date is now fast approaching. Since opening, the Centre has secured and hosted a number of impressive events that have attracted approximately 730,000 patron visits to date. Many of these events have been retained as regular fixtures on the BEC events calendar. Events such as the Australian Sheep and Wool Show and the National Bendigo Swap Meet attract exhibitors and patrons from across Australia each year.

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Current situation - Bendigo Exhibition Centre Over the past twelve month period, the Bendigo Exhibition Centre has seen an overall increase in the number of events (37) and similar attendance levels (131,030). We are still experiencing a diverse number of new enquiries and the Centre is well placed to continue to position Bendigo as a major regional destination for expos and events, particularly with respect to the agricultural sector. Many events are becoming significant ongoing annual events. This type of support is vital to the long term viability of the venue and helps maintain a consistent year round profile. After now seven years of operation, the BEC is well established as a desirable venue for gatherings with a particular focus on agricultural events and is growing in reputation as a venue for trade shows and allied industry events. In summary, events staged during the 2012/13 year included:

Date 07/07/2012 20/07/2012 28/07/2012 08/08/2012 18/08/2012 28/08/2012 31/08/2012 04/09/2012 10/09/2012 15/09/2012 20/09/2012 22/09/2012 24/09/2012 13/10/2012 26/10/2012 09/11/2012 16/11/2012 05/01/2013 19/012013 09/02/2013 27/02/2013 02/03/2013 07/04/2013 12/04/2013 16/04/2013 20/04/2013 27/04/2013 04/05/2013 08/05/2013 11/05/2013 17/05/2013 31/05/2013 07/06/2013 15/06/2013 21/06/2013 26/06/2013

Event

Estimated Attendance

Marong Football Netball Club Ball Australian Sheep and Wool Show Bridgewater Football Club Ball VIBE Alive Festival Colourbration Alpaca Show St Lukes Conference Rotary Trivia Night Water Industry Operators Association Conference GPS Ag Poll Dorset Breeders Show and Sale Eaglehawk and Lightning Reef Primary Expo Event Roller Derby 19th National Works and Engineering Conference Girl Guides Trivia Night Bendigo Agricultural Show Bendigo Garden Club - Spring Flower Show Bendigo National Swap Meet VAS Saddle Horse Championships Australian Pony Studbook Society Dinner Eaglehawk Kennel Club Championship Dog Show MWOA Central Branch Meeting Nick Woods Family Fundraiser I Do I Do Wedding Expo Northern District Agricultural Shows Group Finals Victorian Pig Fair Victorian Rodeo Championships Australian Chrysanthemum Championships Groovin The Moo Regional Strategic Plan Market Place and Open Day Bird Sale National Beef Show National Homemaker Expo Bendigo Rod Stock and Custom Eaglehawk Football Netball Club Ball CraftAlive Best Wool Best Lamb Conference

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150 21000 200 350 2000 250 250 1500 50 1000 250 1500 360 200 17000 300 30000 100 100 1000 20 500 1000 150 500 2000 2000 15000 300 1000 7000 12000 1300 200 10000 350

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29/06/2013

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Total number of events = 37

150

131030

Bendigo Exhibition Centre Committee of Management (BECCOM) The recent review of the CoGB s86 committees has determined that that the BECCOM is a non-compliant committee. It has therefore been recommended that this committee be wound up. At the Annual General Meeting of the BECCOM held on Thursday 4 October, 2012 the committee resolved that the current s86 committee become an Advisory Committee subject to new terms of reference being established. The committee resolved to go into abeyance to be re-activated in the event of a specific need. . Benefits to Bendigo and future directions In the last financial year, discussions have continued relevant to the cooperative relationship between The Capital - Bendigo’s Performing Arts Centre staff and Bendigo Agricultural Show Society (BASS) staff on-site. An inherent issue in managing a large venue that exists entirely within an existing active precinct with separate management control continues to hamper reaching best practice targets. This challenge has recently been exacerbated by the construction of a second exhibition pavilion (regional events centre) of a similar size to the existing space and owned and operated by BASS. These challenges continue to be addressed and processes designed to achieve the best possible outcome for clients being constantly developed, reviewed and updated. Large regional, interstate and national events attract significant numbers of people, both as exhibitors and visitors to Greater Bendigo. As these events typically run a minimum of two-three days, the region is called upon to provide accommodation, dining and retail facilities. At present, all events staged at the BEC are required to hire almost all furniture and equipment as the Centre presently does not possess these items. This is an extra benefit to Bendigo businesses. The same is true for catering, audio visual services, electrical and other trade services – both small and large jobs are being added to local business’ usual opportunities. Continued good customer service underpinned by sound management principles and a continued commitment to the venue from the City of Greater Bendigo and BASS will result in the Bendigo Exhibition Centre continuing to grow in reputation and performance. Resource Implications The Bendigo Exhibition Centre’s financial (operating) position further improved this financial year with a number of new events added to the calendar. Increased revenue of $98,879 (which was an increase of $17,537 on the previous year) offset the expenditure of $118,799 required for running the Centre resulting in a lower net cost of $19,920 in the 2012/13 year. Although both expenditure and revenue were up on the previous year there was an overall decrease in the net cost of $7,645 (see chart below).

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Note: This discussion only relates to operating costs and not capital costs. Councillors will note the recent investment of some $200,000 that was necessary to bring the building up to satisfactory contemporary building regulations. $160,000 $140,000 $120,000 $100,000

Revenue

$80,000

Expenditure

$60,000

Net cost

$40,000 $20,000 $0 2006/20072007/20082008/20092009/20102010/20112011/20122012/2013

When our team assumed management responsibility for the Bendigo Exhibition Centre back in 2006, our aim was to: Increase the number of bookings and events held at the Centre each year; Reduce the net cost of operating the Centre each year; and Prepare the Centre well for when ownership and operations transfer to the Bendigo Agricultural Showgrounds Society in 2015. The achievement of these objectives are well and truly on track. Whilst the Centre is still operating at a modest, diminishing net loss, it would be fair to conclude that the degree of net cost involved is acceptable in the context of the many millions of dollars of net economic gain generated for our region through visitor attraction, local economic expenditure and promotional benefit for Bendigo. It is also important to recognise that increasing the revenue generated by the Centre through event rental is somewhat restricted given: Some of the biggest and most financially lucrative major events held at the Centre (e.g. Bendigo Show and Australian Sheep and Wool Show) do not pay rent in accordance with agreements made at the point of capital development; The Centreâ&#x20AC;&#x2122;s setting within the Showgrounds being so complicated (i.e. â&#x20AC;&#x153;a venue within a venueâ&#x20AC;?); and The limitations on what the Centre was originally designed to achieve (i.e. it was not sited or designed well to act as a general purpose / multi-purpose events venue). The development of the new regional events centre, owned and operated by BASS, may be considered as a potential threat to future growth in events and subsequent revenue. However it may also be an opportunity for Bendigo to attract larger and more lucrative events. PAGE 106

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It is planned to commence discussions with BASS in relation to the new centre and the handover of eventual management control of the BEC in the near future.

RECOMMENDATION That the Greater Bendigo City Council acknowledge the operational and financial performance of the Bendigo Exhibition Centre and the significant economical and financial contribution it continues to make to our regional community and economy. RESOLUTION Moved Cr Williams, Seconded Cr Fyffe. That the recommendation be adopted. CARRIED

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Sustainability

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SUSTAINABILITY

Nil.

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GOOD GOVERNANCE AND DECISION-MAKING

6.1 RECORD OF ASSEMBLIES Document Information Author

Peter Davies, Manager Executive Services

Responsible Director

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. Report Meeting Name/Type Meeting Date

Meeting Information Councillors' Forum 28 August 2013

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Matters discussed

Councillors

Staff/ Community Representatives

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Vision for Fortuna Hospital development Audit Committee Crown Land at North Bendigo Fortuna Amendment Reports to be received prior to presentations Mount Camel NBN tower Low energy street lighting Aquatic Centre at Kangaroo Flat Service contracts Training of regional students Wolstencroft Reserve - potential road closure consultation process 13. Flood Study 14. Lockwood Ward Meeting 15. ITLUS meetings 16. Hargreaves Mall screens 17. Pool contract 18. Cabinet visit 19. Trees in McIvor Road 20. Tree removal 21. Rate notices 22. Bushfire Management Overlay 23. Maubisse Committee report 24. Councillor workloads 25. Forum items open to the public Attendees/Apologies Cr Lisa Ruffell Cr Rod Fyffe Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann Mr Stan Liacos Mrs Marg Allan Ms Debbie Thewlis Mr Andy Walker Mr Peter Davies Mrs Alison Campbell Apologies: Mr Darren Fuzzard Ms Pauline Gordon Ms Prue Mansfield

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Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Nil

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Meeting Information Governance Meeting 28 August 2013 1. Finalisation of Complaints Handling Procedure 2. Governance meeting cycle 3. Councillor vision statements 4. Process of Municipal Government Local Law 5. Councillors' Extranet 6. Section 86 Committees 7. Healthy Communities 8. Protected Disclosure Act 9. Code of Conduct Review 10. Report templates 11. Ward meetings 12. Management of swimming pools 13. Naming policy 14. Tip voucher 15. Wolstencroft Reserve 16. Dining Guide 17. Outstanding actions from Council Meetings 18. Golden Square Pool lease 19. Councillor expenses 20. CEO Performance Review process Attendees/Apologies Cr Lisa Ruffell Cr Rod Campbell Cr Elise Chapman Cr Peter Cox Cr Rod Fyffe Cr Helen Leach Cr Barry Lyons Cr Mark Weragoda Cr James Williams Mr Craig Niemann Mr Peter Davies Mrs Alison Campbell

Conflict of Interest disclosures Matter Councillor/officer making disclosure Councillor/officer No. meeting Nil

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left

Good Governance and Decision-Making

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community Representatives

Ordinary Meeting - 02 October 2013

Meeting Information Finance Committee 29 August 2013 1. Monthly management report 2. Capital Works report 3. Vision Super Defined Benefits report 4. Rate Collection report 5. Review of Corporate Credit Car policy 6. Review of Statutory and Discretionary Reserves policy Attendees/Apologies Cr Rod Fyffe Cr Peter Cox Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr Rod Campbell Cr Helen Leach Apology: Cr James Williams Mr Craig Niemann Mrs Marg Allan Mr Travis Harling Ms Nicole Ashby Mr Bradley Thomas Ms Janine Gould/ Ms Kate Scarce Mr Ken Belfrage Mr Graham Bastian

Conflict of Interest disclosures Matter Councillor making disclosure Councillor left meeting No. Nil

Meeting Name/Type Meeting Date Matters discussed

Meeting Information Audit Committee 29 August 2013 1. Follow-up of previous audit recommendations 2. Chief Executive Officer's report 3. Manager update - Statutory Planning 4. Risk update 5. Presentation of scopes for: - Review of Payroll - Review of use of temporary and casual labour 6. Future projects: - Review of completed contracts - Delivering Council resolutions 7. Independent Review 8. External Audit update

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9. Annual Accounts presentation 10. Amendments to the Audit Act 1997 11. Findings of VAGO Report into Developing Transport Infrastructure and Services for Population Growth Areas

Councillors

Staff/ Community Representatives

Attendees/Apologies Cr Barry Lyons Cr Rod Campbell Cr Lisa Ruffell Cr Rod Fyffe Cr Peter Cox Cr Mark Weragoda Cr Helen Leach Mr Craig Niemann Mrs Marg Allan Mr Travis Harling Ms Nicole Ashby Mr John Salter Ms Janine Could Mr Andy Walker Mr Ross Douglas Mr Bradley Thomas/ Ms Kate Scarce Mr Ken Belfrage Mr Graham Bastian Mr Stephen Clarke Mr Mark Holloway

Conflict of Interest disclosures Matter Councillor/officer making disclosure Councillor/officer No. meeting Nil

Meeting Name/Type Meeting Date Matters discussed

Councillors

Staff/ Community

Meeting Information Bendigo Easter Festival Advisory Board Meeting 2 September 2013 1. Previous meeting minutes 2. Festival program discussion and ideas 3. Bendigo Easter Festival theme 4. Festival Strategic Plan 5. Golden Dragon Museum 6. Harvest Moon 7. Easter Volunteer Pilot Training Program Attendees/Apologies Cr Rod Fyffe Apology: Cr Helen Leach Mr Terry Karamaloudis Mrs Lyn Brown/

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Good Governance and Decision-Making

Representatives

Ordinary Meeting - 02 October 2013

Mr Barry McDowell Mr Gary Frank Mr Paul Rohan Ms Fiona Chibber Mr Ken Deveraux Mr Phil Redmond Mr Paul Prendergast Apologies: Mr Rory Somerville Mr David Wright

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil

Meeting Name/Type Meeting Date Matters discussed

Councillors

Meeting Information Councillors' Forum 4 September 2013 1. Planning matters and draft Ordinary Meeting agenda 2. Health and Wellbeing Plan 3. Recreation reports 4. ITLUS workshops 5. Longer term drainage and flooding planning 6. Management of Bendigo Creek 7. Bendigo Hospital hoardings 8. City of Yarra advocacy 9. Build-up of birds - Lake Tom Thumb 10. Hopley matter 11. Talking Matters Bendigo 12. Little Athletics 13. Golden Square Pool lease 14. Wolstencroft Reserve 15. Costerfield Mine Planning Application for Evaporation Pond and Air Vent 16. Kangaroo Flat Aquatic Centre Business Case 17. Mandalay Resources 18. Maiden Gully Structure Plan 19. Footpath and trip hazards 20. Lucan Street Reserve - Kangaroo Flat - off Olympic Parade 21. O'Keefe Rail Trail road closure 22. Independent Review Implementation Committee 23. Trial road closure of One Tree Hill Road 24. Calder Alternative Service Road - Marong 25. Finance Report 26. Consultation with Councillors about workloads Attendees/Apologies Cr Rod Fyffe Cr Rod Campbell Cr Elise Chapman PAGE 114

Good Governance and Decision-Making

Staff/ Community Representatives

Ordinary Meeting - 02 October 2013

Cr Peter Cox Cr Helen Leach Cr Barry Lyons Apologies: Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Mr Craig Niemann Mrs Marg Allan Mr Darren Fuzzard Ms Debbie Thewlis Mr Andy Walker Mr Peter Davies Mrs Alison Campbell Apologies: Mr Stan Liacos Ms Pauline Gordon Ms Prue Mansfield

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 26 August 2013 Planning application DU/514/2013 Use of land for leisure and recreation facility (karate/selfdefence activity) at 509A Napier Street, White Hills Attendees/Apologies Cr Peter Cox Cr James Williams Apology: Cr Lisa Ruffell Chris Duckett/ Applicant Objectors

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil

Meeting Name/Type Meeting Date Matters discussed

Meeting Information Consultation Meeting 27 August 2013 Planning application DSD/430/2013 2-lot subdivision and construction of dwelling (2-storey Fronting Mimosa Street) at 495 High Street, Golden

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Councillors

Staff/ Community Representatives

Ordinary Meeting - 02 October 2013

Square Attendees/Apologies Cr Barry Lyons Apology: Cr Rod Fyffe Cr Elise Chapman Bryce Kilian/ Applicant Objectors

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 13 September 2013 Planning application DR/532/2013 Partial demolition of existing dwelling and extension to existing dwelling at 16 Graham Street, Quarry Hill Attendees/Apologies Cr Elise Chapman Cr Barry Lyons Cr Rod Fyffe Bryce Kilian/ Applicant Objectors

Conflict of Interest disclosures Matter No. Councillor making disclosure Councillor left meeting Nil

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

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

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6.2 AMENDMENTS TO FINANCE POLICIES Document Information Author

Nicole Ashby, Acting Manager Finance

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose To adopt the amendments to the following three (3) Finance policies: 1. Corporate Credit Card Policy; 2. Statutory and Discretionary Reserve Policy; and 3. Revenue and Debt Collection Policy. Policy Context Council Plan 2013-2017 (2013) 5.1 Council demonstrates good governance and leadership. Background Information Council has a range of Finance policies in place to ensure sound governance and management. Council's policies have review dates to ensure they are regularly reviewed. The Corporate Credit Card Policy is scheduled for review, while the two (2) other policies, require minor modifications. 1. Corporate Credit Card Policy With an increase in usage of Credit Cards across the organisation as an important procurement tool, the policy requires minor amendments to support the administration of this purchasing method. 2. Statutory and Discretionary Reserve Policy Following the recent Defined Benefits Superannuation call, the requested changes will assist Council to better manage future calls, and reduce the impact on other programs in the year that a call is made. The Decorative Lighting Reserve has been recognised as no longer required. 3. Revenue and Debt Collection Policy A recent change to the Magistrates Court costing structure has identified a need to amend Council's policy to align collection procedures with these changes.

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The necessary amendments to the three (3) policies have been drafted and presented to the Finance Committee. The Finance Committee recommends Council approve the amendments to these three (3) policies. Report The Finance Committee recommends these changes to the policies: 1. Corporate Credit Card Policy Remove from the objective â&#x20AC;&#x201C; purchasing goods and services of a relatively low value, and in most instances, infrequent occurrences. The corporate credit card has become an important procurement tool. This comment is no longer in line with the actual use of cards. 11.1 - Previously reconciliations were required to be carried out within 3 days after month end. This timeframe should be increased to 10 days as the 3 day requirement is unachievable. 11.6 - Authorisation of transactions will be undertaken by Finance Unit staff after receiving the corporate credit card statement with the authorising Manager/Directorâ&#x20AC;&#x2122;s signature on the statement. 2. Statutory and Discretionary Reserve Policy Increase the annual maximum transfer limit from $250,000 to $1,000,000 and the maximum reserve balance from $1,500,000 to $3,000,000 for the Defined Benefits Superannuation Reserve. Remove the Decorative Lighting Reserve as developer contributions for this purpose directly offset operating expenditure. 3. Revenue and Debt Collection Policy 5 - Remove the dollar value associated with Rates Collection threshold. Those accounts in excess of $500 still outstanding after the expiry of the final demand letter will be recovered through court proceedings, unless an arrangement for payment of the outstanding rates has been approved by the Manager Rates. Replace the above statement with - Unless an arrangement for payment has been approved by the Manager Rates, accounts still outstanding after the expiry of the final demand letter will be recovered through court proceedings, where the legal costs to be incurred at the time legal action is instigated, do not exceed the outstanding amount of rates, charges, fire services levy and interest.

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Attachments 1. Corporate Credit Card Policy; 2. Statutory and Discretionary Reserve Policy; and 3. Revenue and Debt Collection Policy. Recommendation That the Greater Bendigo City Council adopts the amendments to the three (3) policies as detailed in this report.

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

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Good Governance and Decision-Making

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6.3 REAPPOINTMENT OF INTERNAL AUDIT COMMITTEE MEMBER Document Information Author/ Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose This report recommends the re-appointment of an Independent Audit Committee Member. Policy Context Council Plan 2013 - 2017 (2013) 5.1 Council demonstrates good governance and leadership. Background Information Clause 7 of the Internal Audit Charter states that "all reappointments following each independent member's second term must be publicly advertised". This enables the first re-appointment of an existing member to be undertaken without public advertisement of the position. The evaluation of re-appointment is to be performed by the Chief Executive and two Councillor representatives, with a recommendation for an appointment being put to Council. Previous Council Decision(s) Date(s): 20 October 2010 Report Ms Kate Scarce was appointed to the Audit Committee in October 2010 for a term of three years which expires on 1 October 2013. This is the first opportunity for reappointment for Ms Scarce. Ms Scarce is employed as Manager Risk, Assurance and Performance for a local not for profit agency and was previously Senior Auditor with a chartered accountant firm. She has served on the Audit Committee for the Shire of Gannawarra since 2009 and undertaken the role of Chair since the start of this year. She has also served on the Audit and Risk Committee of Remembrance Parks Central Victoria for the past year. She has made a valuable contribution to the Audit Committee during her first term including undertaking the role of Chair since December 2011. Ms Scarce has indicated that she is willing to re-nominate as an independent Internal Audit Committee Member. PAGE 120

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Cr Barry Lyons, Cr Rod Campbell and the Chief Executive Officer, support the reappointment of Ms Scarce to the Audit Committee. Commencement Date: 1 October 2013 Resource Implications The remuneration for the independent members of the Audit Committee per meeting is $750 for the Chairperson, and $600 for the other independent members, as adopted at the Council Meeting of 23 May 2012. RECOMMENDATION That the Greater Bendigo City Council appoint Ms Kate Scarce to the Audit Committee for a second term of three years expiring on 1 October, 2016.

RESOLUTION Moved Cr Lyons, Seconded Cr Campbell. That the recommendation be adopted. CARRIED

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6.4 CONTRACTS UNDER AWARDED DELEGATION Document Information Author

Leeanne Taig, Administration Assistant, Project Coordination

Responsible Director

Marg Allan, Director Organisation Support

Summary/Purpose The purpose of this report is to provide information on contracts recently awarded under delegation. Policy Context Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability. Report Contract No

CT000013

CT000071

Project

Successful Contractor

Value (GST Excl)

Supply & Delivery of Bendigo Health Meals for the Care Group Food Services Program EB Mawson & Supply and Sons Pty Ltd; Delivery of Pearce Concrete; Ready Mix Hymix Australia Concrete Pty Ltd

Delegated Officer

Date Signed

Schedule of Debbie Thewlis Rates

14 August 2013

Schedule of Darren Fuzzard Rates

19 August 2013

RECOMMENDATION That the Contracts Award Under Delegation, as outlined in this report, be endorsed by Council. RESOLUTION Moved Cr Fyffe, Seconded Cr Lyons. That the recommendation be adopted. CARRIED PAGE 122

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URGENT BUSINESS

Nil. 8.

NOTICES OF MOTION

8.1 NOTICE OF MOTION: EAST WEST LINK ROAD PROJECT

CR PETER COX

That Council write to the City of Yarra informing them that the Greater Bendigo City Council supports â&#x20AC;&#x2DC;Trains Not Toll Roadsâ&#x20AC;&#x2122; Campaign and that our Council will be writing to the Premier expressing our concern in regard to the East West Link Road Project. We thank them for raising such an important issue and for providing detailed information on the project.

That Council write to the Premier and Minister for Transport expressing concern about the East West Link Road Project in that spending $8 billion on one project will severely restrict funding for other important state projects and requesting that Council be provided with an open and transparent business case and traffic analysis for the proposed project.

RESOLUTION Moved Cr Cox, Seconded Cr Chapman. That the motion be adopted. LOST

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COUNCILLORS' REPORTS

Cr Weragoda reported on his attendance at the Heritage Advisory Tour of Sandhurst Boundary Stones; Bendigo Football League Grand Final Breakfast; National Citizenship Day Citizenship Ceremony; launch of the Clinical Skills Centre; consultation meeting; Opening by Premier Napthine of 50th Elmore Field Days. Cr Williams reported on his attendance at the launch of the Medical Skills Centre; Whipstick Ward Listening Post at Eaglehawk Bakery; Heritage Advisory Tour of Sandhurst Boundary Stones; Farming Advisory Committee Meeting; Bendigo Football League Grand Final Breakfast; meeting with Hon. Wendy Lovell and Amanda Miller MLC, Upper House Member for Northern Victoria. Cr Campbell reported on his attendance at the Volunteer Resource Centre Meeting; Tourism Board Meeting; Annual General Meeting Maubisse Committee; National Citizenship Day Citizenship Ceremony; Heathcote Community Engagement Meeting; launch of the Clinical Skills Centre; Farming Advisory Committee; Police Remembrance Service; meeting with Hon. Wendy Lovell and Amanda Miller MLC, Upper House Member for Northern Victoria; Opening by Premier Napthine of 50th Elmore Field Days. Cr Fyffe reported on his attendance at the Police Remembrance Service; Exploratory Music Festival; Multi Cultural Festival; Official Launch of the Bendigo Digital Enterprise Program; Bendigo Football League Grand Final. Cr Lyons reported on his attendance at the Inventors Judging Days; Hospital Precinct Plan meeting; meeting with Hon. Wendy Lovell and Amanda Miller MLC, Upper House Member for Northern Victoria; Calder Waste Management Meetings; Jockey Club Awards Grant; Flood Study Meeting. Cr Cox reported on his attendance at the Rosalind Park Master Plan Meeting; Bendigo Maubisse Friendship Committee Meeting; Canterbury Park Reference Group Meeting; Memorial Cricket Match for Suicide Prevention. Cr Chapman reported on her attendance at the Opening of the Exploratory Music Festival; consultation meeting; Annual General Meeting Bendigo Tourism Board Incorporated, Diploma Local Government; Bendigo Trust Meeting.

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10. MAYOR'S REPORT The Mayor, Cr Lisa Ruffell, tabled a report on her attendance at the following meetings and events: Attended announcement of Bendigo Festival of Tennis Attended a meeting of the Epsom Huntly Drainage Committee Attended meetings with a number of residents and groups regarding a variety of issues. Conducted the National Citizenship Day Ceremony to welcome 35 new citizens of Australia. Participated in a Whipstick Ward Listening Post held at the Epsom Village Shopping Centre Participated in numerous radio, newspaper and television media interviews. Received Debutantes and Partners at the MarShere Bendigo Night of Stars Debutante Ball Attended the CBD Business Forum Attended tour of Mandalay Resources – Costerfield operations mine. Attended the flood study presentation by North Central Catchment Management Authority Attended Harvest Moon Festival Attended afternoon tea celebration for Bupa residents who are 100 years or older Participated in the photo opportunity for the Garage Sale Trail Opened the exhibition - Children’s Art in the Conservatory Chaired a meeting of the Loddon Campaspe Councils which was attended by Minister Powell. Welcomed participants to the National Works and Engineering Conference held at the Bendigo Exhibition Centre Attended a meeting with Hon Wendy Lovell and Amanda Millar, MLC – Upper House Member for Northern Victoria Attended the Whipstick Ward Listening Post held at the Eaglehawk Bakery Attended the National Police Remembrance Day Service to honour Police members who have died during the course of duty Provided a welcome at the launch of 2013 Bendigo Festival of Cultures Attended official opening of the Elmore Field Days by the Premier, Hon Dr Denis Napthine.

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11. CHIEF EXECUTIVE OFFICER'S REPORT The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events: Attended meeting of Chief Executive Officers of Southern Loddon Mallee Councils Attended a number of meetings with representatives from Bendigo Gold Football Club Attended CBD Business Forum Met with Regional Director of Department of Environment and Primary Industries to discuss Food to Asia Opportunities Attended meeting of Leveraging the Benefits of the Bendigo Hospital Project Steering Group Attended National Citizenship Day Ceremony at which 35 residents became Australian Citizens Participated in an on-site tour of Mandalay Resources â&#x20AC;&#x201C; Costerfield Operations Mine Attended Flood Study presentation by North Central Catchment Management Authority Attended various meetings to discuss groundwater issues Attended the official launch of the Digital Enterprise Program Attended meeting of The Bendigo Trust Board Spoke at the Healthy Workforce Business Breakfast Participated in a number of media interviews Attended meeting of the Library Redevelopment Project Control Group

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12. CONFIDENTIAL (SECTION 89) REPORTS Nil.

There being no further business, the meeting closed at 8:30pm.

Confirmed:

23 October, 2013

Chairman

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