4 july 2012 minutes

MINUTES

Ordinary Meeting of Council

6.00pm Wednesday July 4, 2012

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

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

NEXT MEETING:Wednesday July 25, 2012Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutescan be obtained online at www.bendigo.vic.gov.au

Council will realise its vision by setting strategic objectives, strategies and committing to annual actions within four Goal Areas:

Built and Natural Environment

Economic Development

Community and Culture

Our People, Our Processes

VisionGREATER BENDIGO will be the best place to live work and visit, where: growth and living standards are managed to

sustain and enhance quality of life a regional culture of learning, creativity and

innovation allows people to flourish its rich natural and cultural heritage is

conserved for today and tomorrow resilience, local spirit and identity are

proudly celebrated.

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

Goal Areas

ORDINARY MEETING (MINUTES)

WEDNESDAY 4 JULY 2012

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 3

PRAYER 3

PRESENT 3

APOLOGIES 3

LEAVE OF ABSENCE 3

SUSPENSION OF STANDING ORDERS 4

PUBLIC QUESTION TIME 4

RESUMPTION OF STANDING ORDERS 4

DECLARATIONS OF CONFLICT OF INTEREST 5

CONFIRMATION OF MINUTES 6

1. PETITIONS AND JOINT LETTERS 7

1.1 Petition: Planning Permit Application DR/970/2011 - 73 Howard Street, Ascot

7

1.2 Petition: Request for Review of Car Parking Spaces Outside Dr Harry Little Preschool, View Street, Bendigo

9

2. BUILT AND NATURAL ENVIRONMENT 10

2.1 Use and Develop Land for a Dwelling - 495 Eickerts Lane, Redcastle

10

2.2 Subdivision of Land into 5 Lots and the Removal of Native Vegetation - 144 St Killian Street, White Hills

19

2.3 Use of Land for Secondary School and Associated Buildings and Works - 193-197 Wattle Street, Ironbark

33

2.4 Demolition of Outbuildings, Re-Subdivide Three Existing Lots into Twelve Lots in Stages and Construction of Nine Dwellings - 255-257 High Street and 5 Shamrock Street, Golden Square

49

2.5 Erection of Major Promotion Sign - 96-98 High Street, Kangaroo Flat

71

2.6 Subdivide Land and Construct Two Dwellings - 5 Moyna Drive, Spring Gully

77

2.7 Subdivide Land into 3 Lots - 28 Frederick Street, North Bendigo

94

2.8 Endorsement of Thematic Environmental History 104

2.9 Discontinuance of Part of William Perry Lane, Neilborough 111

2.10 Response to Petition: Waste Trucks Using Lester Street, Eaglehawk

114

2.11 Revised Landfill Fees Due to Carbon Price Legislation 117

3. ECONOMIC DEVELOPMENT 126

4. COMMUNITY AND CULTURE 126

5. OUR PEOPLE, OUR PROCESSES 127

5.1 Accounts Payable and Contracts Awarded under Delegation

127

5.2 Record of Assemblies of Councillors 129

5.3 Return of Valuations for Rating Purposes 136

5.4 Adoption of Annual Fees and Charges for 2012/2013 139

6. URGENT BUSINESS 143

6.1 Local Authorities Superannuation Fund - Defined Benefits Actuarial 31 December 2011

143

7. NOTICES OF MOTION 149

8. COUNCILLORS' REPORTS 149

9. MAYOR'S REPORT 150

10. CHIEF EXECUTIVE OFFICER'S REPORT 151

11. CONFIDENTIAL (SECTION 89) REPORTS 152

11.1 Personnel Matter and Contractual Matter 152

____________________________

CRAIG NIEMANNCHIEF EXECUTIVE OFFICER

Ordinary Meeting (Minutes) - 04 July 2012

PAGE 3

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

Cr Alec Sandner (Mayor)Cr Rod CampbellCr Peter CoxCr Rod FyffeCr Barry LyonsCr Bruce PhillipsCr James ReadeCr Lisa RuffellMr Craig Niemann (Chief Executive Officer)Ms Rachel Lee (A/Director, City Futures) Mr Peter Davies (A/Director, Organisation Support)Mr Darren Fuzzard (Director, Presentation & Assets)Ms Prue Mansfield (Director, Planning & Development)Ms Pauline Gordon (Director, Community Wellbeing)Mr Andrew Lyons (A/Manager, Executive Services)

APOLOGIES

Ms Marg Allan, Director Organisation DevelopmentMr Stan Liacos, Director City Futures

LEAVE OF ABSENCE

Cr Keith Reynard

RESOLUTION

Moved Cr Fyffe, seconded Cr Cox.

That the Leave of Absence of Cr Reynard be received and accepted.

CARRIED


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SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time.

RESOLUTION

Moved Cr Fyffe, seconded Cr Campbell.

That Standing Orders be suspended to allow the conduct of Public Question Time.

CARRIED

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

RESOLUTION

Moved Cr Fyffe, seconded Cr Lyons.

That Standing Orders be resumed.

CARRIED


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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) direct financial interest(b) indirect interest by close association(c) indirect interest that is an indirect financial interest(d) indirect interest because of conflicting duties(e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party(g) indirect interest as a result of impact on residential amenity(h) conflicting personal interest

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

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

Cr Ruffell declared a conflict of interest (direct financial interest) in the Built and Natural Environment Report No. 2.4 (Demolition of Outbuildings, Re-Subdivide Three Existing Lots into Twelve Lots in Stages and Construction of Nine Dwellings - 255-257 High Street and 5 Shamrock Street, Golden Square).

Cr Cox declared a conflict of interest (indirect financial interest) in the Built and Natural Environment Report No. 2.11 (Revised Landfill Fees Due to Carbon Price Legislation), as he is an employee of Future Employment Opportunities who operate the recycling facility at the landfill on behalf of the City of Greater Bendigo.

Cr Phillips declared a conflict of interest (indirect interest by close association) in the Built and Natural Environment Report No. 2.3 (Use of Land for Secondary School and Associated Buildings and Works - 193-197 Wattle Street, Ironbark), as he has family members attending Victory College and the Our People, Our Processes Report No. 5.4 (indirect financial interest) (Adoption of Annual Fees and Charges for 2012/2013), as he owns and operates a bed and breakfast that is affected by the fees and charges.

Messrs Craig Niemann and Peter Davies declared that they are contributors to the Defined Benefits Superannuation Scheme.


PAGE 6

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday June 13, 2012.

The following items were considered at the Ordinary Council meeting held on Wednesday June 13, 2012 at 6:00pm.

Use and Develop Land for a Dwelling - 62 Harley Street, Strathdale Use and Development of Land for Animal Keeping and Animal Training - 269 Booth

Road, Woodvale Construction of Telecommunications Facility - 47 & 67 Houlahan Street, Kennington Draft Eaglehawk Structure Plan Proposed Kangaroo Flat Indoor Aquatic Facility - Provision of Design, Engineering

and Allied Services Tender Response to Petition: Tree Hazard along McGlashans Road, Lockwood South Draft Violence Prevention Plan 2012-2015 2012 Council Plan Review - Final Version for Adoption following Public Exhibition Accounts Payable and Contracts Award Under Delegation Record of Assemblies of Councillors Notice of Motion - Major Projects Policy Notice of Motion - Potential Sale of Multi-Storey Car Parks Notice of Motion - Productivity and Efficiency Confidential Section 89 Report - Personnel and Contractual Matter

The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Council held on Wednesday June 13, 2012, as circulated, be taken as read and confirmed.

RESOLUTION

Moved Cr Reade, seconded Cr Phillips.

That the recommendation be adopted.

CARRIED


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1. PETITIONS AND JOINT LETTERS

1.1 PETITION: PLANNING PERMIT APPLICATION DR/970/2011 - 73 HOWARD STREET, ASCOT

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)].

The following petition has been received from residents and ratepayers regarding Planning Permit Application DR/970/2011 - 73 Howard Street, Ascot: Construction of 30 One Bedroom Dwellings and Removal of Native Vegetation, as outlined below:

"We the undersigned residents and ratepayers of the Greater Bendigo City Council, formally request Council to ask the Minister for Planning, The Hon. Matthew Guy, MLC, to support the City of Greater Bendigo in applying an overlay to areas of low density housing to ensure that future, new developments are consistent with and sensitive to current housing in that area. This would require future such development proposals to respond to and integrate with the surrounding urban environment.

We also request the Greater Bendigo City Council to invite the Minister for Planning, The Hon. Matthew Guy, MLC, to Bendigo for the purpose of visiting Epsom and the site of this proposal. This will enable him to make better, informed planning decisions taking into account the local perspective".

Signatures - 241

Officer Comment

In response to the first paragraph of the petition, the land in question at 73 Howard Street, Epsom is not Zoned Low Density Residential; it is Zoned Residential 1 and is located within the Urban Growth Boundary. The Minister for Planning is not the decision maker for this development.


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Our current State and Local strategic planning objectives call for appropriately designed higher density development in the Residential 1 Zone. The Residential 1 Zone encourages new residential development that respects the existing neighbourhood character.

Rescode is a key guide to how a new residential development meets the existing neighbourhood character and how well it integrates with the surrounding urban environment.

An officer report will be prepared for a future Council meeting on how the proposal for 73 Howard Street, Epsom does or does not meet the Planning Scheme and Council will decide on the merits of the proposal.

Applying an Overlay that restricts densities in the Residential 1 Zone without any evidence (eg flooding or vegetation) would not be supported by State and Local planning policy. Any Planning Scheme Amendment that proposes such change would require a fundamental alteration to existing State and Local policy and such change is extremely unlikely in the foreseeable future.

In relation to the second paragraph of the petition, notwithstanding the above, the City of Greater Bendigo will write to invite the Minister for Planning to visit the Epsom area and if the Minister takes up this offer, the petitioners will be advised.

RECOMMENDATION

That Council invite the Minister for Planning, The Hon Matthew Guy, to visit the Epsom area and if the Minister accepts this offer, the lead petitioner will be advised.

RESOLUTION

Moved Cr Ruffell, Seconded Cr Fyffe.


CARRIED


PAGE 9

1.2 PETITION: REQUEST FOR REVIEW OF CAR PARKING SPACES OUTSIDE DR HARRY LITTLE PRESCHOOL, VIEW STREET, BENDIGO

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)].

The following petition has been received from parents and committee for the Dr Harry Little Preschool as outlined below:

"The Parents and Committee at Dr Harry Little Preschool (DHLP) request an immediate review of car parking spaces directly outside the centre. The current level of car parking spaces is inadequate and unsafe for children and their families. DHLP request a change from the current parallel parking to Angle and Restricted Parking (Pick Up and Drop Off Zones) directly outside the PreSchool".

Signatures - 91

RECOMMENDATION

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

RESOLUTION

Moved Cr Reade, Seconded Cr Fyffe.


CARRIED

Built and Natural Environment - Reports Ordinary Meeting (Minutes) - 04 July 2012

PAGE 10

2. BUILT AND NATURAL ENVIRONMENT

2.1 USE AND DEVELOP LAND FOR A DWELLING - 495 EICKERTS LANE, REDCASTLE

Document Information

Author Emilie Johnston, Statutory Planner

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

This application proposes the use and development of a dwelling on Farming Zone land. For land that is zoned ‘Farming’, both State and Local policies are very clear in their purpose and require that a proposal for a dwelling demonstrate that the said dwelling is necessary to sustain the agricultural endeavours of the land.

The applicant has not demonstrated the necessity of the dwelling in order to enhance and maintain the agricultural production of the land. This report recommends that the Greater Bendigo City Council refuse the application.

Policy Context

City of Greater Bendigo Council Plan 2009 – 2013 (updated 2012)

1. Built and Natural EnvironmentStrategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support

public wellbeing and economic success.

Background Information

It came to the attention of the City’s Building Department that a re-locatable dwelling had been placed on the land without any relevant permits. On 17 November 2010 the applicant was given a Building Order and a stop works notice. As no response was received by the nominated date, the applicants were given a second notice and told to remove the dwelling by 20 April 2011. Whilst the building was never removed, correspondence was made, and an application was lodged with the Planning Department on 17 August 2011.


PAGE 11

Report

Application No: DR/639/2011

Application Date: 17 August 2011

Applicant: J J Rudebeck

Land: 495 Eickerts Lane, REDCASTLE

Zoning: Farming Zone (FZ)

Overlays: Environmental Significance Overlay (ESO1)

Subject Site and Surrounds

The site is located at 495 Eickerts Road in Redcastle, also identified as Crown Allotment 25, Parish of Redcastle. The site is fairly regular in shape and is situated on the eastern side of Eickerts Road. The land is just over 8ha in size and backs onto a watercourse. The site is currently vacant, save scattered mature trees and an unidentified watercourse running through the property.

The surrounding area does contain smaller than typical lots within a Farming Zone, however the eastern side of Eickerts Lane is largely undeveloped. The closest dwelling on the eastern side is at estimate, 600m away. Whilst there are houses on the western side, records indicate that these have been constructed prior to current legislation.

The site currently contains the re-locatable dwelling in the location that is proposed as part of this application.

Figure 1: Location map showing subject site.

Proposal

The applicant proposes to use and develop the land for a single dwelling. The dwelling is proposed to be situated 27m from Eickerts Lane and 50m from the southern boundary of the lot.


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The submitted site plan shows areas for olive groves and light grazing. Whilst these endeavours are not discussed in detail it is understood that it is the intent of the owners to undertake such agricultural activities on the land.

Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal:

State Planning Policy Framework

14.01 Agriculture 16.02-1 Rural Residential Development

Municipal Strategic Statement

21.07 Economic Development

Local Planning Policy Framework

22.02 Rural Dwellings Policy

Other Provisions

35.07 Farming Zone 65 Decision Guidelines

Consultation/Communication

Referrals

The following internal department has been consulted on the proposal:

Referral Comment

Environmental Health No objection

Furthermore, the matter has been considered by the Rural Consultative Committee. The majority of the committee supported the granting of the permit and suggested that Council readdress the zoning of that particular area with a view to possibly rezone the land to Rural Living Zone given the existing land holdings and limited farming opportunities.

Planning Assessment

Clause 14.01 Agriculture

The State’s strategies for Agriculture can be summarised as: ensure that agricultural land is not lost due to permanent changes in land use and that the compatibility between the proposed development and the existing uses of surrounding land must be taken into consideration.


PAGE 13

The proposed residential use will ultimately remove the land from potential legitimate agricultural productivity and remove the opportunity to consolidate adjoining land. Arguably, a residential use surrounded by a prevalence of vacant farming land is not compatible, nor appropriate.

16.02-1 Rural Residential Development

Strategies of this clause include:

Manage development in rural areas to protect agriculture and avoid inappropriate rural residential development.

Reduce the proportion of new housing development provided in rural areas and encourage the consolidation in existing settlements where investment in physical and community infrastructure and services has already been made.

To discourage development of isolated small lots in rural zones from use for rural living or other incompatible uses.

The proposed dwelling is an example of inappropriate residential development within an area designated for farming. The subject site is within a relatively undeveloped area and there are more appropriate rural living areas available.

21.07 Economic Development

Objectives include:

To protect rural industry from residential encroachment To maintain potential for agricultural production

These are to be achieved by discouraging dwellings not associated with agricultural production and protecting potential rural industry from residential settlement. The proposed dwelling would be detrimental to the potential of agricultural production on that land and/or surrounding land, and it is contended that the approval of this application will effectively result in the loss of the land to primary production. Whilst the applicant has set aside ‘paddocks’ for ad hoc agricultural uses, there is no argument to suggest that the dwelling on the lot is reasonably required to operate primary production or agriculture.

22.02 Rural Dwellings Policy

The basis for this policy is as follows:

The economic significance of rural areas is important to the development of Greater Bendigo. Agricultural production, tourism and recreation potential and the infrastructure of the region are valuable assets worthy of protection. Isolated dwellings in rural areas have the potential to disrupt agricultural activities, and in bushland areas have the potential to fragment areas which contain significant environmental values. Ongoing agricultural production depends, in part, upon maintaining a mass of productive land, which excludes concentrations of residential type uses that have the potential to restrict normal agricultural practices.

The objectives of this clause are:

To discourage the fragmentation of rural land, or land with significant environmental values.


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To ensure that existing agricultural enterprises in the Farming Zone are not placed under pressure from the encroachment of residential activities.

To promote effective staging of rural living development linked to the effective supply of infrastructure and services and sound environmental management.

To limit the subdivision, use or development of land to that which is compatible with the utilisation of the land as a sustainable agricultural resource.

To ensure that dwellings which are excised do not prejudice agricultural production activities. .

To discourage the construction of dwellings on existing small lots within the Farming Zone.

The most relevant policy statements are:

Existing land zoned Farming be protected from fragmentation by the use of land for residential purposes.

Dwellings on existing small lots (lost smaller than the schedule minimum) in all rural areas will be discouraged except if: o Subdivisions have been created since the introduction of planning controls; o Substantial infrastructure works have been completed; or o The land has no agricultural potential and native vegetation will be retained and

managed.

The proposal is not in accordance with the Rural Dwellings Policy for the following key reasons:

The construction of a dwelling will result in fragmentation of rural land as there are no other dwellings within the immediate vicinity of the site.

The approval of the dwelling has the potential to limit future and/or existing agricultural enterprises.

For lots within the Farming Zone, dwellings will be discouraged on lots that are less than 40ha. The dwelling is proposed for a lot that is just over 8ha.

While the lots in the existing area may be smaller than usual, they have not been created in recent times and therefore there should be no expectation that a dwelling may be constructed.

Under the Farming Zone, the responsible authority must consider all of the decision guidelines. Whilst all are relevant, the most applicable are listed below:

Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land uses.

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

production. The potential for the use or development to limit the operation and expansion of

adjoining and nearby agricultural uses. Whether the dwelling will result in the loss or fragmentation of productive agricultural

land. Whether the dwelling is reasonably required for the operation of the agricultural

activity conducted on the land. Whether the dwelling will adversely affect the operation and expansion of adjoining

and nearby agricultural uses.


PAGE 15

The potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture.

The purposes of the Farming Zone include to provide for the use of land for agriculture and to ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture. Considering the purposes of the zone, and with the above considerations having been made, it can be concluded that a dwelling is not appropriate on the subject land for the following reasons:

The proposed residential use of the site is not compatible with adjoining and nearby land uses.

The approval of a dwelling does not support or enhance agricultural production and will potentially permanently remove land from agricultural enterprises.

The approval of the dwelling will result in fragmentation of farming land and will potentially lead to proliferation of dwellings in the area, as the proposed dwelling may hinder surrounding land from agricultural potential. In the same vein, the approval of the dwelling may result in an expectation that the area is appropriate for residential development.

VCAT has recently upheld Council's decision to refuse two subdivision applications which would have created lots designed for residential development in Toolleen. The VCAT Member ruled that they "did not result in an acceptable outcome" in relation to: Achieving the purpose of the Farming Zone or the agricultural strategies of the

Planning Scheme more generally. Avoiding alienation of productive agricultural land.

The Member also states that "the size of a rural lot does not determine whether it is productive agricultural land".

Conclusion

The proposed use and development of land for a dwelling does not meet the relevant provisions within the Greater Bendigo Planning Scheme. The local policy especially, very clearly states that dwellings on small Farming Zone lots are to be discouraged. The applicant has not put forth an argument that the dwelling is reasonably required to support agricultural enterprise. The applicant does offer the argument that the land is not viable for primary production, but the prepared development plan also claims that the land does have some agricultural potential. In order to protect the area from residential encroachment, and preserve the land for a use that is attuned with the purposes of the Farming Zone, a permit should not be granted. The preference would be that the existing lots in the area be consolidated into a larger parcel.

Options

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


PAGE 16

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for use and development of a dwelling at 435 Eickerts Lane, Redcastle on the following grounds:

1. The proposal is not consistent with clauses 14.01 Agriculture and 16.02-1 Rural Residential Development and does not meet the objectives of clause 21.07 Economic Development.

2. The proposal is not in keeping with the Rural Dwellings Policy (clause 22.02) as the approval will result in:a.Fragmentation of rural land;b.Sporadic development of an existing small lot;c.Placing agricultural enterprises under pressure from the encroachment of a

residential use.

3. The proposal does not meet the purposes of the Farming Zone.

4. The proposal does not meet the Decision Guidelines of Clause 65, namely in respect to the orderly planning of the area.

MOTION

Moved Cr Campbell, Seconded Cr Lyons.

That Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit at 495 Eickerts Lane, Redcastle to use and develop the land for a dwelling subject to the following conditions:

1. Within 6 months of the date of this planning permit plans to the satisfaction of the Responsible Authority must be submitted and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must show:

Elevation plans for the dwelling.A Whole of Farm Plan in accordance with Condition 2.

2. Within 6 months of the date of this planning permit the applicant or owner must submit and have approved by the Responsible Authority a Whole of Farm Plan prepared by a suitable qualified person. The plan should provide justification as to the necessity of a dwelling to support the cultivation of olives and/or other farming activities.


PAGE 17

3. A lot used for a dwelling must meet the following requirements:

a) Access to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency services.

b) The dwelling must be connected to a reticulated sewerage system or if not available, the waste water must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act.

c)The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes.

d) The dwelling must be connected to a reticulated electricity supply or have an alternative energy source.

Note:

Please be advised that before a building permit is issued for any works at the property, a permit to install a septic tank be issued by the Responsible Authority.

CARRIED


PAGE 18


PAGE 19

2.2 SUBDIVISION OF LAND INTO 5 LOTS AND THE REMOVAL OF NATIVE VEGETATION - 144 ST KILLIAN STREET, WHITE HILLS


Author Stephen Wainwright, Coordinator Subdivisions


Summary/Purpose

This report concerns a permit application to subdivide the land at 144 St Killian Street,White Hills into 5 residential lots. The site is zoned for residential purposes and is covered by the Significant Landscape Overlay which aims to protect and enhance the semi-rural and bushland character of the neighbourhood.

Matters relating to neighbourhood character, native vegetation and drainage are particularly relevant to the application.

There have been two objections to the application from local residents. This report assesses the merits of the proposed subdivision and discusses the issues raised by the objectors. It is concluded that the proposal complies with the Planning Scheme.

Policy Context




Report

Application No: DS/164/2012

Application Date: 19 March 2012

Applicant: Total Property Developments

Land: 144 St Killian Street, WHITE HILLS

Zoning: Residential 1 Zone

Overlays: Significant Landscape Overlay Schedule 1 - Bush Garden and Semi-Rural Residential Areas.


PAGE 20


The applicant describes the site thus:

"The described land is approximately 2,811m2 and is formally identified as Lot 1 on PS516763T (Vol. 10781 Fol. 529). The property is rectangular in shape with road frontage to St Killian Street along the east boundary. The remaining three boundaries abut either developed residential land or vacant land zoned for residential use. The site is a vacant allotment covered in low-level grasses and a number of scattered trees. These scattered trees are contained on the front third of the site whilst the rear portion has been cleared."

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

Proposal

It is proposed to subdivide the site into 5 residential lots. The subdivision layout will feature:

Lot sizes ranging from 380m2 to 778m2.A common property driveway off St Killian Street that will extend along the south

boundary of the site.Space for the provision of landscaping.


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The lots created by the subdivision will be fully serviced by water, sewerage, electricity, telecommunications and gas supply systems. Three trees will be cleared from the site as a result of the subdivision.


The site is in the Residential 1 Zone and is covered by the Significant Landscape Overlay Schedule 1. The proposed subdivision of the site and the removal of native vegetation triggers the need for a planning permit due to the zone and overlay provisions.

The following clauses in the Planning Scheme are relevant to the application.

State Planning Policy FrameworkRegional development (clause 11.05).Urban environment (clause 15.01).Sustainable development (clause 15.02).Residential development (clause 16.01).Movement networks (clause 18.02).Development infrastructure (clause 19.03).

Municipal Strategic StatementMunicipal profile (clause 21.01).Key issues and influences (clause 21.02).Vision - strategic framework (clause 21.03).Strategic directions (clause 21.04).Settlement (clause 21.05).Housing (clause 21.06).Reference documents (clause 21.10).

Local Planning PoliciesSalinity and erosion risk policy (clause 22.04).White Hills residential character policy (clause 22.26).

Other ProvisionsResidential 1 Zone (clause 32.01).Significant Landscape Overlay (clause 42.02).Residential subdivision (clause 56).Decision guidelines (clause 65).Referral and notice provisions (clause 66).


PAGE 22


Referrals

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

Referral Comment

Coliban Water No objection subject to conditions

Powercor No objection subject to conditions

Telstra No objection subject to conditions

Tenix No objection subject to conditions

DSE No objection subject to conditions

Asset Planning and Design (internal) No objection subject to conditions

Public Notification

The application was advertised to the public by mail and an on-site notice. Two people have objected to a permit being granted because of concerns about neighbourhood character and drainage. The grounds of objection are discussed later in this report.

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

Planning Assessment

Neighbourhood character

The site is a vacant land parcel roughly 3,000m2 in area. It is covered in low-level grasses and there are several scattered trees growing on the front part of the site.

The site forms part of Precinct 6 of the White Hills Residential Character Precinct. This precinct broadly encompasses the west side of St Killian Street extending from Buckland Street to the north down almost to Holdsworth Road to the south. The precinct is defined by its "semi-rural and bushland qualities" and is described thus:

"An area of Bendigo distinctive for its semi-rural and bushland residential character, with large lots, farm or ranch style fencing (or no fencing), and sealed roads but no kerbs or footpaths. Setbacks are substantial, and some dwellings stand in large grounds. In the bushier parts, native vegetation flows from block to block and onto the edges of the road reserve."

Lot sizes within the precinct are predominately more than 1ha and many properties are partially covered in native vegetation. One notable exception is the area near the intersection of James Street and St Killian Street which encompasses the subject site.


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Lot sizes here are currently around 1,500m2 and approval has been given to subdivide one property into lots as small as 630m2.

The Significant Landscape Overlay has been applied over the precinct as a means of protecting its bushland setting. The overlay aims to limit the removal of native vegetation and to restore and enhance native vegetation where appropriate. The sensitive siting of dwellings is encouraged by the overlay, including the setting aside of space within developments to accommodate trees and understorey.

The overlay contains specific permit triggers for buildings and works. Notably a permit is required to construct a dwelling on a site if the total area of all buildings and hard surfaces and impervious areas is more than 40 per cent of the site.

The developer has sought to respond to the neighbourhood character and the requirements of the Significant Landscape Overlay in three main ways. First, the subdivision layout incorporates a large lot at the front of the site. All the existing trees on the site fall within the boundaries of this front lot. The future construction of a dwelling on this lot can be achieved with the removal of only three of the existing trees. Second, lot sizes on the four rear lots will be no smaller than 380m2. And third, space will be set aside on some of the lots and along short sections of the common property driveway for landscaping using indigenous plants.

Two local residents have objections to the proposal on neighbourhood character grounds. The objectors highlight the semi-rural ambiance of the area and argue that the site is too small to be subdivided into so many lots.

The applicant revised the plan in response to the objections. The revised plan reduced the lot yield from six lots to five lots. None of the objections were withdrawn as a result of the revision.

Having regard to the site and its context it is considered that the proposed subdivision design will respect the bushland character of the neighbourhood in compliance with the Significant Landscape Overlay. Most notably the large lot at the front of the site will provide for the flexible siting of a dwelling while retaining most existing vegetation. There will also be space available for new garden plantings around any future dwelling on this front lot and no front fencing is proposed. The front lot has the strongest relationship with the streetscape and thus its ability to accommodate trees is more important than the balance of the proposed lots. Even so, the remaining four lots proposed on the site will still be large enough to include modest landscaping as evidenced by the landscape plan submitted with the application. The front section of the common driveway will also be softened by landscaping.

Native vegetation

Eleven small to medium sized scattered trees cover the front third of the site and it is proposed to remove three of these trees to allow for the future construction of a dwelling on Lot 1 (see the plan below).

From an ecological perspective the trees are only of medium conservation value, are sparse and do not form habitat for any endangered species. DSE has consented to removing the vegetation subject to offsets.


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The removal of the trees will have a minimal impact on the character and appearance of the streetscape. Vegetation will be retained along the frontage of the site thus ensuring a bushland presentation is maintained to the street. Any new dwelling on the site will be able to be set back behind this retained vegetation.

Figure 2: Plan showing the trees on the site.

Compliance with clause 56

The residential subdivision provisions in clause 56 of the Planning Scheme apply to the application. An assessment of the proposed subdivision against clause 56 reveals that it complies with all the Standards in the clause. In particular the lots in the subdivision will be fully serviced, stormwater flows will be properly managed, and the lot dimensions will be adequate to accommodate future dwellings.

Drainage

The City's drainage engineer is satisfied that stormwater flows from the lots can be appropriately managed by restricting flows to predevelopment levels using an on-site detention system.

Conclusion

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


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Options

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

Attachments

Objections.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit to subdivide the land and remove native vegetation at 144 St Killian Street, White Hills subject to the following conditions:

1. PLANS TO BE ENDORSEDThe plans to be endorsed and which will then form part of the permit are theRevision A plans submitted with the application.

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

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

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

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

6. DRIVEWAY CONSTRUCTIONBefore a statement of compliance is issued for the subdivision the common property driveway shown on the endorsed plans must be constructed, properly formed, drained and surfaced with an all-weather seal coat to the satisfaction of the responsible authority.

7. DETAILED DRAINAGEPrior 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


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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.

8. STORMWATER DETENTIONPrior to the issue of a statement of compliance, the owner or applicant must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge: Q100 = 30 l/s.

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

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 $2400 or such amount applying at the time of payment.

10. CONSTRUCTION OF WORKSRoad works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include:(a) Kerb and channel and associated pavement works.(b) 1.5m paved path.(c) Underground drainage.

11. AGREEMENT INSTEAD OF WORKSThe responsible authority may accept the following instead of kerb and channel and footpath works in St Killian Street: the owner or applicant must enter into an agreement pursuant to the Planning and Environment Act 1987 that any lot owner in the subdivision must, on demand from Council, pay the full cost of any footpath construction along the St Killian Street frontage of the site for a maximum period of ten years from the date of registration of the subdivision.

12. SECTION 173 AGREEMENTIf a stormwater detention system or a water quality treatment system is installed on the site, the owner must enter into an agreement with the responsible authority under Section 173 of the Planning and Environment Act 1987 before a statement of compliance is issued. The agreement must provide for the following:(a) All systems must be designed by a qualified engineer and must be approved

by the responsible authority before construction.(b) All systems must be installed before, or concurrently with, the development of

a building on the site.


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(c) All systems must be completed before they are connected to Council's drainage system.

(d) All systems must be maintained by the owner and must not be modified without the written approval of the responsible authority.

(e) The owner must allow authorised Council officers to inspect any system on the site from time to time.

(f) The owner must pay all costs associated with the construction and maintenance of any system on the site.

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

14. COLIBAN WATER(a) The owner is required provide reticulated water and sewerage services to

each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s specifications.

(b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by an easement in favour of Coliban Region Water Corporation.

15. 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 which 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.


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

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

18. DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT(a) In order to offset the removal of three small scattered trees of Grassy

Woodland Ecological Vegetation Class of medium conservation significance approved for removal as part of this permit, the applicant must provide for the protection and management for conservation purposes of the recruitment of forty five (45) trees of Grassy Woodland Ecological Vegetation Class within the Goldfields Bioregion or an alternative to the satisfaction of the responsible authority.

(b) Within 12 months of the native vegetation removal or before the statement of compliance is issued which ever is sooner, the applicant or the owner must either:• Provide to the responsible authority, an Allocated Credit Extract issued by

the Department of Sustainability and Environment (DSE) Native Vegetation Credit Register which satisfies the required offset, or

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

provided• A schedule of the works required to achieve the offset over a 10 year

period detailing:• Management actions to be performed (e.g. fencing, weed control,

pest control, revegetation).• Person(s) responsible for implementing the specified

management actions.• Timeline for the implementation of the management actions.• Method by which the management actions will be undertaken.• Standard to which the management actions will be undertaken.

When approved, the offset plan will be endorsed and will then form part of the permit.

(c) Within 12 months of the vegetation removal or before the statement of compliance is issued under the Subdivision Act 1988, whichever is sooner:• The endorsed offset site must be permanently protected to the satisfaction

of the responsible authority (i.e. via an encumbrance on title).• A copy of the endorsed offset plan and protection mechanism (e.g. title

showing encumbrance) must be lodged with Department of Sustainability and Environment.


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NOTE: Third party offsets may be available from Bushbroker Over the Counter program. Please contact Greg Waddell on 5430 4353, or visit www.dse.vic.gov.au/nativevegetation for further information.

NOTE: Prior to the commencement of works, a Protected Flora Permit must be obtained from the DSE to remove protected flora during works. Please contact the regional DSE office.

MOTION

Moved Cr Ruffell, Seconded Cr Phillips.

That Greater Bendigo City Council resolve to issue a Refusal to grant a planning permit for the Subdivision of Land into 5 Lots and Removal of Native Vegetation at 144 St Killian Street, White Hills, based on the following grounds:

(1) The subdivision does not respect the semi-rural and bushland residential character of the neighbourhood because the lots are too small and there is inadequate space set aside for the planting of trees and understorey.

(2) The subdivision fails to show how urban run-off will be managed to minimise inconvenience to residents and damage to properties.

CARRIED


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2.3 USE OF LAND FOR SECONDARY SCHOOL AND ASSOCIATED BUILDINGS AND WORKS - 193-197 WATTLE STREET, IRONBARK


Author Emilie Johnston, Statutory Planner

Responsible Ross Douglas, Acting Director Planning & DevelopmentDirector

Summary/Purpose

The applicant seeks approval to use land for the purpose of a secondary school, as wellas minor buildings and works.

The school would operate 8am – 5pm Monday to Friday and would eventually seek to accommodate 150 students. Up to 15 staff would be present on site during school hours and 24 car spaces are proposed to accommodate the new use.

The applicant held a pre-application community consultation meeting with local residents.

30 objections and one letter of support were received during the advertising process. Throughout the assessment process the following consultation measures took place:

The applicant provided a letter to all objectors, in an attempt to alleviate concerns. The assessing officer met with available objectors to discuss concerns.A meeting occurred onsite between planning staff, the applicant, available objectors

and available Councillors.

Four objections were received after the advertising period and the above consultation processes had been completed.

This report recommends that Council issue a Notice of Decision to Grant a Permit, as the proposal meets all relevant content of the Greater Bendigo Planning Scheme and this is discussed in detail within this report.

Policy Context





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Victory Christian College (the applicant) currently operates a P-10 school at 6 Kairn Road in Kennington. The school wishes to expand in order to cater for VCE (years 10, 11 and 12) students.

Despite the subject land being zoned Residential 1 Zone, the site has historically been used for non-residential purposes. Currently, it operates as a church, yet in the past has operated as a factory, warehouse and shop.

Report

Application No: DP/891/2011

Application Date: 7 November 2011

Applicant: Victory Christian College

Land: 193-197 Wattle Street, IRONBARK


Overlays: Heritage Overlay 498


The site is an irregular shaped allotment with frontages to Wattle and Valentine Streets,is made up of 4 parcels and has a total of 2,027 square metres.

The main building onsite is the former fuse factory which is of major heritage value. It is a brick structure with render detailing and a pitched corrugated iron roof. The portion of the building that fronts Wattle Street is double-storey and constructed to the site boundary. The site also includes a single-storey brick cottage, which is located to the Wattle Street frontage also.

The existing car park on site is a large bitumen area that accommodates 53 car spaces.

The application land is situated within a residential area, with all abutting allotments occupied by dwellings, as well as opposite sides of both Wattle and Valentine Streets.


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

Proposal

Use

The applicant wishes to use the land for the purpose of a VCE campus for Victory Christian College. The school would operate 8am – 5pm on weekdays only. The intention is that the campus will be for classroom activity only, and the campus will have limited administration services and all out-of-hours activities (concerts, parent-teacher interviews etc) will be conducted at the existing campus in Kennington.

The applicant indicates that the school would operate with about 100 pupils, and anticipate that at full capacity (in future years) that the school may reach 150.

Buildings and Works

Given that the site is Heritage Victoria listed, a planning permit is not required for the buildings and works in respect to heritage matters. A permit for the works has already been issued by Heritage Victoria.

However, clause 32.01-6 states that a permit is required to construct a building or construct of carry out works for a ‘permit-required’ use under the Residential 1 Zone.

Overall, the proposed buildings and works involve very little changes to the external fabric of the existing heritage building. A lot of the works involve internal rearrangement of the building which does not require planning permission under the Residential 1 Zone.


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The works involve, new glazing to windows, new entry canopy, new doors, new covered walkway areas, new seating platforms and some restoration of timber stairs. There will be no works to the existing east elevation (Wattle Street).

Car parking

A new use must not commence until the required amount of required car spaces have been provided on the land. The car parking table at clause 52.06-5 states that a secondary school use must provide 1.2 car spaces for each employee. At a rate of 15 staff, this is calculated at 18 car spaces. There are 23 car spaces proposed on site.




11.01-2 Activity Centre Planning 11.04-3 Employment Corridors 15 Built Environment and Heritage 18.02-2 Cycling 19 Infrastructure 19.02-2 Education Facilities


21.09 Infrastructure

Other Provisions

52.06 Car Parking 52.34 Bicycle Facilities 52.36-1 Integrated Transport Planning 65 Decision Guidelines


Referrals


Referral Comment

Public Transport Victoria No objection subject to conditions

VicRoads No objection to the proposal

Traffic & Design No objection subject to conditions

Development Engineer No objection and no conditions

Public Notification


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

As a result of advertising 9 objections were received, with the grounds of objection being:

Traffic management and safety, including parking

Amenity impacts (noise, litter etc)

Change in the streetscape; impact on the heritage environment

Inappropriate use/justification

Possible future expansion/lack of business plan

Site is too small

Potential use of Garden Gully Reserve

The objections are discussed below.

Planning Assessment

Use

One of the purposes of the Residential 1 Zone is "in appropriate locations, to allow educational…uses to serve local community needs". The site is considered appropriate for the following reasons:

The site is approximately 850m from the designated CBD precinct.

Clause 11.01-2 has a strategy which advocates the location of new small scale education facilities that meet local needs in or next to Neighbourhood Activity Centres.

The site is well located in terms of proximity to facilities and is within walking distance to open space reserves, other sporting facilities such as the QEO, Tom Flood Sports Centre, Bendigo Squash Courts as well as other educational facilities, and the Arts precinct on View Street.

Given the proximity to public transport, the proposal meets the objective of clause 11.04-3 which calls for substantial increases in education along transport corridors.

The use can be accommodated in terms of traffic management and will not detrimentally affect adjacent and nearby land owners.

Car parking and bicycle parking can be accommodated on site.

The proposed buildings and works will not adversely affect the streetscape, as the building is existing and only very minor works are proposed.

It is considered to be a good reuse of a heritage place and the benefits obtained from the use may contribute to the conservation of the heritage place (by putting in the work to make-good the existing fabric).


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While the site is zoned residential, historically the site has always been used for non-residential activities. Therefore there should be no expectation that this land should be used for a residential purpose, and the proposed use of a secondary school is arguably less detrimental than some of its past uses (eg factory use). Given that it is a heritage site, there is also the discretion to allow for uses that would typically be prohibited in a Residential 1 Zone. Therefore a secondary school use, with its limited hours and impact on the neighbourhood is considered a good use of the site.

The statewide provision of clause 19.02-2 Education facilities has the objective to assist the integration of educational facilities with local and regional communities. The strategies to achieve this include locating secondary education facilities which are highly accessible to public transport. Whilst the school proposes to operate 3 buses – there are public buses available along Barnard Street; and the CBD bus terminals are within walk able distance from the site.

Locally, the Municipal Strategic Statement (MSS) states that we should be encouraging educational uses in and around the Bendigo CBD as well as encouraging the development of additional educational facilities within this area.

The MSS also states that further strategic work to be done includes developing Greater Bendigo as the pre-eminent regional centre of education in Victoria. The proposed school will help facilitate this goal.

In terms of an education facility this is a relatively low scale proposal with a maximum number of 150 students. The concerns regarding future expansion, whilst understandable are not relevant to this application. Should an application to expand the school be submitted in the future, it would be considered on its merits at that time. It is proposed to impose a condition on the planning permit to cap the number of students to 150 to ensure that any proposed expansion would require planning permission.

The size of the site and its capacity to accommodate a school of this nature are not determined by the Planning Scheme. The Victorian Registration & Qualifications Authority (VRQA) (the body that registers schools in Victoria) stipulates that the education facilities of a school must be appropriate for the programs offered and ensure that a school’s facilities are adequate for effective delivery of the school’s curriculum and suit students’ various ages and developmental stages.

Under the Education and Training Reform Act 2006 the school would need to demonstrate that they could comply with the minimum standards set out by VRQA before they could register and operate in Victoria. The school have advised that they are satisfied that the size of the site is adequate to deliver the curriculum proposed.

Regarding the use of Garden Gully Reserve for recreation purposes, no formal discussions have taken place with the City. The City's Recreation team supports the principle of joint use facilities between the community and schools. However this is subject to the following:

appropriate management arrangements (maintenance, times of use, areas of use to avoid damage)

a significant level of capital investment by the school


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agreement with the user groups of the reserve (in this case Bendigo Cricket Club and Hockey Central Victoria which includes 8 clubs)

One of the considerations in allowing the use of the reserve would be the ability to maintain a suitable playing surface on a joint use site which could be subject the relentless use of some areas and misuse of other areas. This assessment would need to be undertaken before a joint use could be agreed to.

Building and Works

As stated, an assessment on the buildings and works in relation to heritage matters does not form part of this assessment. A permit has been granted by Heritage Victoria for the proposed works.

The Residential 1 Zone requires a permit for buildings and works in association with a Section 2 Use. Clause 15 Built Environment and Heritage outlines the importance for high quality urban design and architecture that contributes positively to local urban character, enhances liveability, diversity, amenity and safety of the public realm, promotes attractiveness of towns and cities as well as minimizing detrimental impact on neighbouring properties.

The works proposed for this project are relatively minimal. Most of the proposed works are making-good of the existing facilities, save a new weather protective canopy along with landscaping works. A portion of the existing car park is being developed into open green space, arguably making for a more attractive and useable space.

Residents have raised concerns regarding the impact on the streetscape. As has been discussed, the proposed change to the external fabric of the building is minimal. There will be no change to the Wattle Street frontage. In regards to possible street signs (40km, bus zone etc), these do not require planning permission and will be dealt with by another process.

There is a proposed footbridge over the existing guttering for students to crossover when getting off the bus. This is to be constructed from concrete with black oxide to allow the colour to blend in and is appropriate. The existing guttering will not be affected.

Traffic and Car Parking

The applicant engaged a consultant to prepare a Transport Impact Assessment (TIA). The TIA originally suggested 120 car movements per day. This was calculated on an assumption that two-thirds of all students would arrive by bus. On this basis it was expected that there could be in the order of 40 movements per hour in the AM period, and 34 movements in the PM period. As this may have been a conservative estimate, they amended their response to cater for ‘worst-case’ – that is every student arrives in a separate car. This equated to approximately 250 car movements per day.

However, it is estimated a minority of students will arrive separately by car. A recent TIA done for Girton Grammar School found that for all senior students, 25% arrived by bus, 60% by car and 15% walked. By afternoon, bus travel increased to 30% and car travel reduced to 50%. A similar situation would be expected for this school.


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Whilst the proposed use will undoubtedly increase the amount of traffic along Wattle Street rather substantially, the additional traffic is not expected to compromise the safety or functionality of the existing road network, especially given that it will not be an all-day occurrence. The TIA estimates that the immediate road network is designed to accommodate up to 3,000 car movements per day, implying that an additional 250 would not be detrimental to the existing road network.

There will be some measures put in place to alleviate the possibility of traffic congestion. The bus bay outside the front entrance on Wattle Street will be appropriately line marked and signed. Only one bus will be allowed to pull up at any given time. Furthermore, the car parking in Valentine Street will be restricted to limit all-day parking between school hours.

The proposed bus route and usage has been given consent from Public Transport Victoria and VicRoads.

The proposed use generates a statutory parking requirement of 18 car spaces. The applicant has provided 23.

While the amount exceeds the statutory requirements, it can be said that car parking is adequate. The additional spaces will allow for visitor car parking. In addition, there is ample on street parking along Valentine and Wattle Streets for drop-off and pick-up. The TIA identified 99 on-street car parks within approximately 100m of the site which is more than adequate given that many students are expected to arrive by bus, foot and bicycle or dropped off by private vehicle.

The car park adjacent to the school will strictly be for staff and visitors only. Parents who drop-off and pick-up their children will not be permitted to park in the car park. Similarly, students who drive themselves to school will be required to park in Robshaw Street, adjacent to Garden Gully Reserve. It is expected that approximately 20% of year 12 students may drive their own car (evidenced by a Girton Students Travel Survey where 18 out of 85 Year 12 students came to school by Other modes of transport, which included driving ones own car). Should the proposed school reach maximum capacity of 150 students, this would indicate approximately 50 students per year level. Therefore, at maximum capacity approximately 10 cars may be generated by Year 12 students. Should 50% drive (25), there is still adequate parking in Robshaw Street (around 30 spaces).

The car park meets Australian Standards in relation to traffic movements and car parking guidelines.

A Green Travel Plan has been requested and will aid in the promotion of sustainable transport alternatives.

Clause 18.02-2 asks that adequate bicycle parking meet demands of education facilities when issuing planning approvals. The provision for 48 bicycle spaces well exceeds the statutory requirement.


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Amenity Impacts

As well as traffic, residents were concerned about the impact on their general amenity. Overlooking was a concern raised; and it was agreed that the windows would be obscure glazing in order to alleviate this concern.

The school does not anticipate the need for school bells or a public address system and this will be an enforceable condition should a permit be issued. As for ‘play’ noise, whilst any sporting based activities will be conducted at Garden Gully or at the main campus, play noise could not be considered of detriment to any persons. Noise is not an issue with this use.

The matter of litter will be controlled by a maintenance schedule under which the school will operate. Any major concerns with litter would be dealt with under the Local Laws.

The issue of potential contamination has also been raised. There is no evidence of mine shafts on site, and there is no requirement for the applicant to provide an environmental audit of the land given that the use is not considered to be sensitive. Furthermore, the development already exists and therefore the disturbance that will occur is extremely minimal.

It is acknowledged that the school will create changes within the neighbourhood, and area more generally. The neighbourhood will experience increased traffic, changes to streetscape and other impacts such as noise during school hours; however it is considered that the impact on local residents that may result from the operation of the school is not unreasonable and is acceptable for this type of use.

Possible Future Expansion

The application is being assessed on its merits in its current form and the matter of future expansion is not a matter for consideration at this stage. A permit condition will cap the number of students to 150 under this permit.

Notwithstanding this the applicant was asked if it could provide a business plan to ease concerns over potential future expansion and has advised the following points:

It is the plan of the College to continue growth as close as possible to our current Kairn Road Site.

We are actively seeking to purchase land in this area to develop their primary and secondary growth.

The Wattle Street Site is only planned as a VCE facility to facilitate 3 streams of year 11 & 12, a maximum of 150 students.

This equates to three classes of year 11 at 25 students per class and the same for year 12. It should be noted that as yet we are not even fully double streamed through our secondary classes. (Years 7 & 8 only).It would be many years before Wattle Street would be at maximum capacity, if ever.

We are considering developing the Wattle Street site simply because we own it and with its heritage listing is difficult to sell for it’s true worth. However we have had a recent expression of interest by a group interested in purchasing the property.


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If suitable land could be found for our expansion and planning achieved fairly quicklythe Committee of Management are happy to accept the offer to sell the Wattle Street property and develop a new site.

We could then facilitate years 11 & 12 on our current site. (Moving primary to the new land).

If the Council think they could be of assistance the school would be happy to delay the current application going to Council for a couple of months while it is discussed

If another option could be found and facilitated in a suitable time frame we would then withdraw the application altogether.

Conclusion

A school is an appropriate use for the site. The Residential 1 Zone includes in its purpose to allow for educational facilities, where appropriate. The scale of the school is relatively small, and the site is large enough to contain the proposed number of students. The site is excellently located in terms of proximity to sporting and education facilities, public transport and the Arts precinct. The site has always accommodated non-residential uses despite being zoned Residential 1. Strategic policy states this type of use should be encouraged in areas with such proximity to the CBD, indeed rarely would it be good planning to locate a school in areas not in close proximity to residential areas. It is anticipated that traffic and parking issues would have only a minimal impact on the residential amenity and the functionalities of the road network. Therefore it is recommended that a Notice of Decision to Grant a Permit be issued.

Options


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 Use of Land for Secondary School and Associated Buildings and Works at 193-197 Wattle Street, Ironbark subject to the following conditions:

1. PLANS REQUIREDThe development and use permitted by this permit must not be commenced until two copies of a site layout plan (or other plans) drawn to scale and with dimensions is submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of this permit. Such plans must show:(a) A clearly line marked bus bay on Wattle Street(b) Specifications of the foot bridge that is to be constructed, to the satisfaction


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of the heritage adviser.(c) That all windows on the south elevation of the building are to be obscure

glazing.(d) Indented parking adjacent to the play space on Valentine Street to allow for

short term parking. This area should be signed for 2min parking between the hours of 8-9:30am and 3-4pm.

(e) Green Travel Plan, as detailed in Condition 3

2. AMENDED PLANS –PUBLIC TRANSPORT VICTORIA(a) Before the development starts, amended plans to the satisfaction of Public

Transport Victoria 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 dimension and three copies must be provided. The plans must be generally in accordance with the plans submitted with the applicant but modified to show:(i) The provision of bus stops on Wattle Street, with convenient

pedestrian/student access to the school entrance;(ii) Weather protection for passengers to be provided via the design of the

school buildings;(iii) Detailed plans including bus turning circles which ensure all buses are

able to stop parallel to the kerb;(iv) Provision of bus stop signage such as ‘bus zone’ in appropriate

locations;(v) Provision of tactile surface indicators.

(b) Prior to the commencement of the use, the bus stops and shelters (bus interchange), as shown on the endorsed plans must be constructed at a cost born by the permit holder to the satisfaction of Public Transport Victoria and deemed compliant with the Disability Discrimination Act- Disability Standards for Accessible Public Transport.

3. PEDESTRIAN CROSSING SURVEYWithin 3 months of the school opening a survey of pedestrian activity in the locality must be undertaken by a suitably qualified traffic consultant. The survey must determine whether there is requirement for a pedestrian crossing proximate to the school. Should the survey result in the need for a pedestrian crossing, plans showing the location of the crossing must be provided to the satisfaction of the responsible authority within 1 month of the survey being undertaken. Should the school numbers increase after the survey is undertaken the responsible authority may require further surveys to be undertaken. Any pedestrian works required as a result of the proposal must be undertaken at the sole cost of the applicant.

4. GREEN TRAVEL PLAN (GTP)Prior to the commencement of the use, a Green Travel Plan must be prepared to the satisfaction of the Responsible Authority. The Plan must be prepared by a suitably qualified person and must encourage the use of non-private vehicle transport modes by the occupiers of the land. The plan must address, but is not necessarily limited to the following: (a) A designated ‘manager’ or ‘champion’ responsible for co-ordination and

implementation;(b) Enrolment welcome packs;


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(c) Possible incentives;(d) Provision of Public Transport maps, timetables and/or real time information

of nearby services;(e) Details of bicycle parking and bicycle routes;(f) Details of GTP funding and management responsibilities, including ongoing

monitoring and review; and(g) Include provisions to be updated not less than every 5 years.

5. WORKS WITHIN ROAD RESERVEA 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.

6. COMMENCEMENT OF USEThe use permitted by this permit must not commence until:(a) the parking area shown on the endorsed plan have been constructed to the

requirements and satisfaction of the responsible authority; and(b) The garden and landscape area shown on the endorsed plan have been

planted to the satisfaction of the responsible authority

7. GENERAL AMENITYThe use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality.

8. REFRIGERATION AND AIR CONDITIONINGAny equipment required for refrigeration, air conditioning, heating and alike must be located on the subject land and must be suitably insulated for the purpose of reducing noise emissions, to the satisfaction of the responsible authority.

9. GARBAGE RECEPTACLESNo receptacles for any form of rubbish or refuse (other than public waste bins) may be placed or allowed to remain in view from a public road or thoroughfare and odour must not be emitted from any such receptacle so as to cause offence to any persons outside the subject land.

10. HOURS OF OPERATIONExcept with the prior written consent of the responsible authority, the use permitted by this permit with the exception for emergency and maintenance purposes, must operate only between the following times: Monday to Friday 8am to 5pm

11. ENROLMENT NUMBERSThe number of enrolments for the campus must not exceed 150 students.

12. LOUDSPEAKERSNo external sound amplification equipment or loudspeakers are to be used for the purpose of announcement, broadcast, playing of music, school bells or similar purpose.

13. SECURITY ALARMSAll security alarms or similar devices installed on the land must be of a silent type


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in accordance with any current standard published by Standards Australia International Limited and be connected to a security service.

14. BUSES(a) Buses must not stop outside of the designated bus bay at Wattle Street.(b) No more than one school bus may occupy the designated bus bay at any

given time.

15. USE OF PARKING AREASAreas 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.

16. BUS ROUTES AND CAR PARKINGThe proposed bus routes and car parking areas must be in accordance with the endorsed plan.

17. PARKING IN STREETSVehicles under the control of the operator under this permit or his/her staff must not be parked in the streets nearby. The operator must use his/her best endeavours to ensure that customer and visitor vehicles are not parked in the streets nearby.

18. CAR PARK AFTER HOURSIn the event of the after hours use of the car parking area causing, in the responsible authority’s opinion, a nuisance, the occupier or operator must take steps to prevent access to such area except when the use permitted by this permit is in operation. Such preventative measures must be undertaken to the satisfaction of the responsible authority.

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

Cr Phillips declared a conflict of interest (by close association) in the Built and Natural Environment Report No. 2.3 (Use of Land for Secondary School and Associated Buildings and Works - 193-197 Wattle Street, Ironbark), as he has family members attending Victory College.

Cr Phillips left the meeting.


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RESOLUTION

Moved Cr Reade, Seconded Cr Campbell.

That Greater Bendigo City Council resolve to issue a Refusal to grant a planning permit at 193-197 Wattle Street Bendigo for the use of land for a secondary school and associated buildings and works for the following grounds:

(1) The proposal would be an inappropriate use of residential land by reason of the adverse amenity impacts generated by the school's activities and associated traffic movements, thereby contrary to clauses 32.01 and 65 of the Greater Bendigo Planning Scheme.

CARRIED

Cr Phillips returned to the meeting.


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2.4 DEMOLITION OF OUTBUILDINGS, RE-SUBDIVIDE THREE EXISTING LOTS INTO TWELVE LOTS IN STAGES AND CONSTRUCTION OF NINE DWELLINGS - 255-257 HIGH STREET AND 5 SHAMROCK STREET, GOLDEN SQUARE


Author Frank Casimir, Statutory Planner


Summary/Purpose

Planning permission is sought to demolish eight outbuildings, re-subdivide three existing lots into twelve new lots and construct nine two storey dwellings at 255-257 High Street and 5 Shamrock Street, Golden Square.

Two objections from local residents were received with their main concerns being traffic and parking along Shamrock Street. A consultation meeting was held with the objecting residents, the applicant and the owner of the property but the issues raised in the objections were not able to be resolved.

The key issues are as follows:

Whether the proposal will adversely affect residential amenity of the area. The principles of residential development in this location. Whether the proposed re-subdivision and redevelopment will adversely impact on the

neighbourhood character in an unreasonable manner. Whether the level of traffic likely to be generated from the residential use of the land

is acceptable.

The site is in a good location to provide new housing. It abuts the main arterial route High Street. The Bendigo central business district is approximately 1.5 kilometres to the north-east and is easily accessible by public transport or cycling. There are a number of educational, shopping and recreation facilities within a 400 metres radius from the site. The site is currently under-utilised and the redevelopment will occur essentially to the rear so will have no significant impact on the existing neighbourhood character.

This report considers the permit application which on balance meets the requirements of the Planning Scheme. It recommends that the Greater Bendigo City Council issues a Notice of Decision to Grant a Planning Permit.

Policy Context


1. Built and Natural Environment


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Strategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities. Encourage and foster high quality design to create environments that support


Report

Application No: DSD/978/2011

Application Date: 15 December 2011

Applicant: Tomkinson Group

Land: 255-257 High Street and 5 Shamrock Street, GOLDEN SQUARE


Overlays: Neighbourhood Character Overlay 1Environmental Significance Overlay 1


The subject site is in three parcels comprising 255 and 257 High Street and 5 Shamrock Street, Golden Square with a total area of approximately 4,680 square metres. Each parcel contains a dwelling and associated sheds and is in separate titles. The site can be accessed either from High Street, to which two of the dwellings face with a total street frontage of approximately 30 metres, or from Shamrock Street to which the third dwelling faces. To the rear of the site is the Bendigo Creek along which there is a cycling/walking track.

The surrounding properties are developed and used mainly for accommodation. There is a motel to the south-west and dwellings to the north. The site abuts the existing bitumen cycling/walking track and the Bendigo Creek to the south-east. There is a small public park on the opposite side of High Street.

There is a mix of land uses in the area including a car dealership located across Shamrock Street to the north-east. A major supermarket is approximately 180m to the north along High Street and 350 metres to the south is the Golden Square shopping centre. Girton Grammar, Creek Street Secondary College and Golden Square Primary School are located within walking distance from the site.


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

Proposal

The proposal includes three components:

Demolition of eight corrugated iron sheds which are presently in a state of disrepair.The re-subdivision of the existing three parcels which each contain a dwelling into 12

lots while retaining the three existing dwellings.Construction of nine two-storey dwellings on each of the resulting lots.

The proposed subdivision will be in two stages. Stage one is the re-subdivision of the site into four lots which would excise the existing three dwellings. Stage two would be the subdivision of the fourth lot (which would be vacant) into nine lots with lot sizes ranging from 204 to 319 square metres and the creation of a common property in the form of a driveway. The access/egress point to the proposed subdivision is from Shamrock Street.

A two-storey dwelling would be constructed on each of the nine additional lots. They will all contain three bedrooms and a double garage with their footprint ranging from 109m2

to 162m2. Five of the dwellings are of brick/weatherboard walls with tiled roof and the four remaining ones would be of brick/weatherboard and Colourbond roof.


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Figure 2: Location map showing existing dwellings.

Figure 3: Proposed Subdivision Plan.


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11.05 Regional Planning and principles 15.01-1 Urban Design 15.02-1 Energy and resource efficiency 16.01-2 Location of residential development 16.01-4 Housing diversity


21.02-2 Housing (Neighbourhood character) 21.06 Housing

Local Planning Policies

22.15 Golden Square residential Character Policy

Other Provisions

32.01 Residential 1 Zone 43.05 Neighbourhood character overlay 55 Two or more dwellings on a lot and residential buildings 56 Residential subdivision 65 Decision Guidelines


Referrals


Referral Comment





VicRoads No objections subject to conditions


Drainage No objection subject to conditions

Heritage Advisor No objection subject to conditions


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Public Notification

The application was advertised by way of two notices on the site (facing High Street and Shamrock Street respectively) and letters to adjoining and nearby owners and occupiers.

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

This section of Shamrock Street already carries a lot of traffic due to the adjoining car dealer and another nearby business. This new development will worsen matters.

Shamrock Street being used as a campervan parking area on occasions.

At times vehicles failing to give way at the intersection of Shamrock Street with High Street or high delays for vehicles to turn right.


Planning Assessment

Residential Development Principles

Clause 11.05-4 Regional planning strategies and principle has the objective to develop regions and settlements which have a strong identity, are prosperous and areenvironmentally sustainable. One of the strategies set to achieve this objective is to direct residential development to locations where utility, transport, commercial and social infrastructure and services are available or can be provided in the most efficient and sustainable manner. This is particularly relevant to this application because of its location.

The need to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions is the objective set out by Clause 15.02-1. This clause encourages energy efficient subdivision design, consolidation of urban development and integration of land use and transport. This application meets this objective.

The need to appropriately locate residential development is also set out at Clause 16.01-1. The objective of this clause is to promote a housing market that meets the community needs and one of the strategies set to achieve this objective is to increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations including under-utilised urban land. The proposal is located within a well established urban area, close to all facilities and therefore meets this objective.

The land is zoned Residential 1 Zone and is within the Bendigo Urban Growth Boundary and is therefore appropriate for higher density residential development. The proposal also meets the relevant clauses of the State Planning Policy Framework (SPPF) in respect to residential development. All essential local services and facilities are readily available to the site and this makes it an ideal site for higher density development.


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Neighbourhood Character

The site is located within an area subject to the Neighbourhood Character Overlay. The Planning Scheme contains a number of clauses that refer specifically to the need to preserve neighbourhood character. As demonstrated below, this application has been able to balance an increase in residential development density with the need to protect neighbourhood character.

Clause 15.01-2 of the SPPF has an objective to achieve architectural design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

Clause 22.15 (Golden Square Residential Character Policy Precinct 1) and Clause 55(Rescode) are the main clauses of the Planning Scheme which test whether an application will have any detrimental impact on the local urban character or neighbouring properties. These two clauses pay particular attention to design details which contribute to the local urban character and also on potential impacts on neighbouring properties. Given that the proposal satisfies the provisions of these two particular clauses, itsubsequently meets the objective set by the overarching Clause 15.01-2 in terms of neighbourhood character.

The detailed assessment of the proposal against the provisions of Clause 22.15 is as below.

Objectives Responses

To retain buildings that contribute to the valued character of the area.

Retain and restore wherever possible, intactVictorian, Edwardian, Federation and Interwar era dwellings. Alterations and extensions should be appropriate to the building era.

Comments: All three existing dwellings on the site will be retained. Only the associated outbuildings will be demolished. This objective is therefore met

To maintain and strengthen theestablished garden settings of the dwellings.

Prepare a landscape plan to accompany allapplications for new dwellings.

Comments: As the proposal will occur to the rear of the site, the existing street setting in terms of landscaping will not change. Nevertheless, a modest and satisfactory landscaping plan has been prepared which provides for the planting of some small native trees and shrubs.

To maintain the consistency, where present, of building front setbacks.

The front setback should be not less than theaverage setback of the adjoining twodwellings.


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Comments: The front part of the site will not be affected by the proposal and therefore, the existing building front setback will not change. This objective will therefore be met.

To maintain the rhythm of dwelling spacing.

Buildings should be setback from at leastone side boundary by a minimum of 2metres, and preferably setback from both.

Comment: As the proposal will occur to the rear of the site the existing dwelling spacing will not change.

To minimise the dominance of car storage facilities.

Locate garages and carports behind the lineof the dwelling.

Comments: The proposal will occur to the rear of the site and will have minimal impact on the existing streetscape, the proposed garages have all been setback behind the line of dwellings in relation to the proposed driveway.

To respect the identified heritagequalities of the streetscape oradjoining buildings.

Where the streetscape contains identifiedheritage buildings, reflect the dominantbuilding forms in the street, including roofforms, in the new building design.

Comment: Although the proposed dwellings would be two-storey, they would not affect the existing streetscape because they would all be located to the rear of the site. The existing streetscape would also be maintained because all three dwellings facing the streets would be retained.

To ensure that buildings andextensions do not dominate thestreetscape.

Respect the predominant building height inthe street and nearby properties. Wherethere is a predominance of single storey, theheight of the dwelling at the front of thedwelling should match the typical singlestorey wall height.

Comment: The existing streetscape contains predominantly single storey dwellings. There would be no new dwellings facing the streets. All proposed dwellings would be located to the rear of the site.

To use building materials andfinishes that complement thedominant pattern within thestreetscape.

In streets dominated by weatherboarddwellings, use timber or other non-masonrycladding materials where possible, andrender, bag or paint brick surfaces.

Comment: The three existing buildings on the site are weatherboard with corrugated iron sheet or tiled roofing. Weatherboard claddings, rendered painted brickwork, brick veneer and colorbond or tiled roofing are the proposed types of materials for the new dwellings. The materials for the proposed dwellings therefore complement the ones used for the existing dwellings.


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To ensure front fences areappropriate to the era and maintain the openness of the streetscape.

Provide open style front fencing. Front fences should not exceed 1.2 metres other than in exceptional cases.

Comment: There will be no new fences facing High Street or Shamrock Street.

Residential Amenity

Possible amenity impacts require consideration when proposing new developments in urban residential areas. Amenity issues are addressed under Rescode or Clause 55 of the Planning Scheme which has a number of objectives that all development proposals involving the construction of two or more dwellings must meet. These objectives are to ensure that development proposals have a reasonable level of on-site amenity and also, that the level of amenity of the existing adjoining properties is not adversely affected.

This application did not attract any objection in regards to the design of the proposed dwellings and this is an indication that it integrates well in the existing setting. The proposal is located to the south of the existing dwellings, and will therefore not overshadow any existing private open space.

There is a potential of overlooking from the first floors of dwellings 2,3,4,6 and 7 to the secluded private open spaces of the existing dwellings. This issue has been addressed by requiring as a condition of any permit issued the provision of fixed obscured glazing in any part of the nominated windows below 1.7m above floor level. There is a concern that the proposed Colourbond fence along the eastern property boundary (between the driveway and the existing footpath/cycling track) would reduce passive surveillance to and from the proposed development. This fence should be transparent and this would be a conditional requirement on any permit that may be granted.

In terms of on-site amenity, all proposed and existing dwellings comply with the requirements of Rescode in terms of on-site car parking provision, private open space, site permeability, access to natural light or building heights. Although the proposed development is for a double storey development, all dwellings are within the maximum height or below 9m in height.

Traffic and Parking

The level of parking required for residential development is determined by the ResCode Parking Provision standard which states that two car spaces should be provided for a three-bedroom dwelling with at least one being under cover. As all dwellings would have three bedrooms, a double garage to the satisfaction of Rescode has been provided to each one of them. On-site vehicle movements are satisfactory except that the exit of the proposed common property driveway onto Shamrock Street would need to be re-designed to provide for a splay to the satisfaction of the City's Asset Planning and Design Department. There would be a condition on the permit to amend the subdivision layout plan accordingly.


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Traffic and parking off-site were the main issues raised in the objections to this application. However, this was not in relation to the capacity of the site to manage its own traffic per se but the potential impact of the development on the adjoining street network. The application has also been assessed and found to meet the relevant objectives of Clause 56 of the Planning Scheme. As the proposed subdivision would result in less than fifteen lots, there is no requirement to assess it against the neighbourhood street network objective of Clause 56. An assessment of the application against that objective would have determined and addressed any issue related to impacts on the adjoining street network.

Some nearby residents are concerned that traffic from the proposed development will exacerbate the existing traffic conditions on Shamrock Street which ends with a no-through road. Their main concern is that traffic turning into High Street from Shamrock Street is currently a major traffic hazard especially in regard to traffic turning right. Their concern is also about on-street parking associated with nearby businesses, which is not the cause of the proposal. However, neither VicRoads nor the City's Asset Planning and Design Department as referral authorities, raised this as an issue in their referral response.

In the light of the discussion at the consultation meeting, it was agreed that the traffic issues at this intersection is an existing and on-going one and that it is not caused by the proposed development. However, the increase of traffic movements in Shamrock Street and at its intersection with High Street would not be unreasonable in the context of this application because of its scope and nature. Moreover, the traffic movements that the proposed development would generated, would be staggered. To address the traffic concerns of residents in this location, VicRoads and Council should possibly consider changes to the intersection in the future following a study of existing conditions.

Conclusion

This application meets the objectives of the relevant clauses of the Planning Scheme. No objections have been received from any referral authorities.

Two objections were received from nearby property owners/occupiers in relation to traffic amenity impact in the area because of increase in traffic movements. The existing traffic condition in this section of Shamrock Street and at its intersection with High Street is, however, not a function of the proposed development but the objectors believe that the proposal would only aggravate it.

As none of the existing dwellings on the site will be demolished and that the proposal will occur to their rear, this will make the proposal quite discrete in the existing setting. This proposal will not change the existing streetscape along neither High Street nor Shamrock Street. The proposal should be supported.

Options



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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 demolition of outbuildings, re-subdivide three existing lots into twelve lots and construction of nine dwellings at 255-257 High Street and 5 Shamrock Street, Golden Square subject to the following conditions:

1. MODIFIED PLAN REQUIREDBefore 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) A splay to be designed in accordance with AS/NZ 2890.1 – 2004 Figure 3.3

must be provided at circulation roadway exit into Shamrock Street. (b) The proposed windows located on the first floor on the north-west elevation of

the dwellings on Lots 2, 3, 4 and 7 must be screened to comply with ResCode standard B22 (a suggested design solution is for fixed obscure glazing in any part of the windows below 1.7metres above floor level). The same applies to windows on the first floor on the north-east elevation of the dwelling on Lot 6.

(c) The fence between the proposed driveway and the existing footpath/cycle track along the Bendigo Creek must be 1.8 metres high and transparent in nature to the satisfaction of the responsible authority.

(d) The colour schemes for the proposed dwellings.

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

3. COLOUR SCHEMESA variety of colour schemes must be used for the construction materials and

finishes for the proposed dwellings. A colour swatch for the exterior finishes of the dwellings must be submitted to the Responsible Authority for approval prior to the start of the development.

4. DEMOLITION ACTIVITIESAll activities associated with the demolition permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.


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

6. PAYMENT FOR PUBLIC OPEN SPACEThe applicant 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. The applicant must pay on demand to the City of Greater Bendigo, the City of Greater Bendigo’s reasonable costs and expenses to provide valuation for payment in lieu of open space.


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

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

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

11. STAGED SUBDIVISIONThe subdivision is in two stages: Stage 1 being the creation of four lots three of which containing an existing dwelling (Lots 1, 8 and 9). Stage 2 is the subdivision of the balance of land into 9 lots (Lots 2, 3, 4, 5, 6, 7, 10, 11 and 12).

12. FENCE TO BE CONSTRUCTEDThe fences as shown on the endorsed plans must be erected and maintained to the satisfaction of the responsible authority.

13. NOISE LEVEL TO BE MINIMISEDPotential sources of noises like air-conditioning equipment must be located so to minimise any adverse impact on any existing or proposed adjoining dwellings.


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14. LANDSCAPE PLANBefore the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and two copies must be provided. The plan must show:(a) 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.

All species selected must be to the satisfaction of the responsible authority.

ENGINEERING CONDITIONS:

15. DETAILED DRAINAGEBefore 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(a) direction of stormwater run off(b) a point of discharge for each lot;(c) independent drainage for each lot.

16. STORMWATER DETENTIONBefore 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.

Or

The Responsible Authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $7,000 or such amount applying at the time of payment.

17. STORMWATER QUALITYBefore 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 $ 2,990.00 or


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such amount applying at the time of payment.

18. DRAINAGE WORKSPrior 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 15 above.

19. SECTION 173Should the applicant opt to install on-site stormwater detention or water quality treatment then, 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. Such Agreement must covenant that;(a) 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.

(b) 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.

(c) Each system must be completed prior to connection to the responsible authority’s drainage system.

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

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

(f) The Owner will pay for all costs associated with the construction and maintenance of each onsite treatment and detention system.

20. PUBLIC ASSETSBefore 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.

21. CONSENT FOR WORK ON ROAD RESERVESThe applicant must comply with;(a) The Road Management Act 2004,(b) Road Management (Works and Infrastructure) Regulations 2005 and(c) Road Management (General) Regulations 2005 with respect to any

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


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22. VEHICULAR ACCESS TO THE PROPERTYVehicle access to the said property must be via a properly constructed driveway, to the satisfaction of Council. A Works Within Road Reserve Permit must be obtained from Council’s Engineering Department. Any unused driveway laybacks are to be removed and the kerb reinstated.

23. DRIVEWAY TO BE PROPERLY CONSTRUCTEDVehicle access to the said property must be via a properly constructed driveway, to the satisfaction of Council.

24. EXIT ONTO THE STREETThe minimum sight line for pedestrian safety, pursuant to AS/NZ 2890.1 – 2004 Fig 3.3, must be provided at circulation roadway exits onto the street.

25. LIGHTINGSuitable bollard lighting should be provided.

26. POSITIONING OF GARBAGE AND RECYCLING BINSCouncil’s garbage and recycling trucks are unlikely to access common property and therefore garbage and recycling bins must be positioned for collection in front of the parent property and not to remain on the street for longer than necessary.

27. DRIVEWAYSAS/NZ 2890.1-2004 requires for driveways exceeding 30 metres in length, or sight distance from one end to the other is restricted, to:(a) Be 5.5 meters wide from the street kerb to a minimum of six metres into the

property from the title frontage, and(b) Have a passing opportunity (minimum driveway width of 5.5metres) every 30

metres.

All vehicles to the common property must enter and exit the site in a forward direction.

REFERRAL AUTHORITIES CONDITIONS:

28. COLIBAN WATER.(a) The owner is required to provide reticulated water and sewerage services to

each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water 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.


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,


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augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.

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.

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.

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

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

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

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

32. VICROADS(a) Prior to the certification of any lots of the subdivision, the applicant must enter

into an Agreement with the Responsible Authority, pursuant to Section 173 of the Planning and Environment Act 1987 to provide for the following:Upon removal or alteration of the existing dwelling on Lot 8, the

redevelopment of the site must provide that all vehicles can be driven in a forward direction when entering and leaving the site.

Access to Lot 9 of the subdivision must be designed so that all vehicles can be driven in a forward direction when entering and leaving the subject land.

(b) The discharge of any concentrated drainage or sullage onto the Calder Highway reserve must not be permitted unless approved in writing by VicRoads.

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

Note: Works must cease immediately upon the discovery of any artefacts on the site and the Responsible Authority must be notified immediately.


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Cr Ruffell declared a conflict of interest (direct financial interest) in the Built and Natural Environment Report No. 2.4 (Demolition of Outbuildings, Re-Subdivide Three Existing Lots into Twelve Lots in Stages and Construction of Nine Dwellings - 255-257 High Street and 5 Shamrock Street, Golden Square).

Cr Ruffell left the meeting.

RESOLUTION



CARRIED

Cr Ruffell returned to the meeting.


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2.5 ERECTION OF MAJOR PROMOTION SIGN - 96-98 HIGH STREET, KANGAROO FLAT


Author Chris Duckett, Co-ordinator Land Use


Summary/Purpose

Planning permission is sought for the erection of an advertising sign at 96-98 High Street, Kangaroo Flat.

The key issue is the impact on the signage on the amenity of the area.

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

Policy Context




Report

Application No: DA/157/2012

Application Date: 16 March 2012

Applicant: Transad Australia

Land: 96-98 High Street, KANGAROO FLAT

Zoning: Business 1 Zone

Overlays: Nil


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The subject site is a rectangular block of land which fronts High Street with a rear access from Dunlop Lane. The site contains a number of single storey retail premises, one of which abuts a car wash facility on the corner of High and Station Streets. It is proposed to fix the signage to the flank elevation of this building on the boundary with the car wash.

Figure 1: Location map showing subject site. Arrow indicates signage location.


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Figure 2: Photo showing existing sign. Arrow indicates signage location.

Proposal

The proposed signage is a promotion sign and would be a large rectangular advertisement hoarding measuring 8.3m wide x 2.2m high. The bottom of the sign would be located 4.3m above ground level giving a maximum height of 6.5m which is 2.27m above the roof of the building.

There is an existing sign located on the flank wall of the building which is 8.3m wide x 3.6m high but is located approximately 1.35m lower than the proposed replacement sign. This sign does not have the benefit of a planning permit but the sign is lawful due to the fact that it has been in place for longer than 15 years.

As can be seen in figures 1 and 2, the effectiveness of the existing sign has been reduced by the construction of the car wash facility as it is now largely obscured bybuildings. Hence, the application now seeks a permit for a higher more prominent sign.


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Figure 3: Elevation plan of proposed signage.




22.08 Highway Entrances

Other Provisions

34.01 Business 1 Zone 52.05 Advertising Signs


Referrals

VicRoads were consulted on the proposal and had no objection.

Public Notification


No objections were received.


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Planning Assessment

Clause 22.08 Highway Entrances and Boulevard Policy applies to land abutting and adjoining some of the key main roads into Bendigo. The policy aims to ensure that new works enhance the overall presentation and appearance of the highway entrance.

The policy sets out criteria whereby new signs, enlargement of signs or changes to existing signs will be supported as follows:

The sign relates to an existing or permitted non-residential use of land on the same site.

Comment: The sign does not relate to the use of the land on the site.

The sign provides information for the benefit of the community or tourists and is of a non-commercial presentation.

Comment: The applicant has stated that the proposed sign will be restricted to include major advertisers to benefit the community, tourists and other Government based promotional campaigns. It is unlikely that the City would be able to monitor or easily enforce a commercially owned advertisement site to ensure compliance with such a requirement.

The location, dimensions and type of sign can demonstrate that it will not detract from the traffic and road safety function of the road, or the general amenity, appearance and presentation of the area.

Comment: There are no concerns regarding traffic and road safety. However, the height of the sign at 2.27m above the roof line of the existing building would be an incongruous addition to the streetscape and harmful to the amenity of the area.

Business 1 Zone Clause 34.01 does not provide guidance on the erection signage but makes reference to Clause 52.05 Advertising Signs. Clause 52.05 has the purpose of ensuring that signs are compatible with the visual appearance of the area and do not adversely affect the safety, appearance or efficiency of a road.

Clause 52.05-3 lays down a raft of the general decision guidelines that Council must consider, as appropriate. These include the impact on the character of the area and on views and vistas, the relationship of the sign to the streetscape, the site and building and the impact on road safety.

In addition, Clause 52.05-6 specifically relates to major promotion signs and has similar objectives in terms of visual amenity and traffic safety. Clause 52.05-6 also has decision guidelines in which the principle of major promotion signs located in commercial areas is encouraged if it is erected in a manner which complements or enhances the character of the area.


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Whilst Kangaroo Flat's High Street has a plethora of signage of all shapes and sizes, the identifiable outdoor advertising theme in the area largely comprises business identification signage of an appropriate scale to the buildings on which the signs are displayed. The height and size of the proposed signage and its protrusion above the roofline would mean that it would be very prominent in the streetscape which would have an adverse impact on the character of the area.

Conclusion

The applicant has argued that this proposal will have a positive effect on the general amenity of the area due to the de-cluttering and its neater appearance.

Officers have concluded that the opposite will occur as the proposed signage would be overly dominant and inappropriate in the context of its immediate surroundings. It is therefore recommended that Council resolve to refuse the application.

Options


RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Refusal to Grant a Permit for the erection of a major promotion sign at 96-98 High Street Kangaroo Flat for the following reason:

1. The proposed major promotion sign would be an overly dominant feature in the streetscape which would be harmful to the amenity of the area, thereby contrary to clauses 22.08 and 52.05 of the Greater Bendigo Planning Scheme.

RESOLUTION



CARRIED


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2.6 SUBDIVIDE LAND AND CONSTRUCT TWO DWELLINGS - 5 MOYNA DRIVE, SPRING GULLY


Author Simon Francis, Planning Officer

Responsible Ross Douglas, Acting Director Planning & DevelopmentDirector

Summary/Purpose

Planning permission is sought for a two lot subdivision and construction of two 2 storey dwellings at 5 Moyna Drive, Spring Gully.

The key issues are as follows:

The principle of residential development in this location; Whether the proposal meets the objectives and preferred design response of the

Spring Gully Precinct 3 Residential Character Policy; Whether the proposal adequately considers the objectives of the Significant

Landscape Overlay; Whether the proposal will adversely affect the residential amenity of adjoining land

owners.

The application is before Council for the following reasons:

Two objections to the proposal were received from local residents. A consultation meeting was held with the residents, the applicant and land owners but no issues were able to be resolved.

Secondly, although the site is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure, public transport and potentially have the positive effect of providing additional, much needed housing in an urban area, the design response does not adequately achieve the character objectives and preferred design response.

This report considers the permit application and recommends that the Greater Bendigo City Council refuses to Grant a Planning Permit.

Policy Context


1. Built and Natural EnvironmentStrategic Objectives: Value, conserve and enhance the rich built and natural heritage. Achieve high quality outcomes in planning and policy activities.


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


Building issues relating to excavation works illegally performed:

A customer request was received by the City to investigate works causing damage from soil being pushed against a fence. The appropriate enforcement has since occurred from the City's Building Department.

Onsite works have resulted in a previously sloping site now having two generally levelled areas. The works have also resulted in the south eastern corner of the site being considerably raised.

Upon determining this application, remedial work may be required on the site.

Report

Application No: DSD/1016/2011

Application Date: 22 Decemeber 2011

Applicant: Planwise Design Pty Ltd

Land: 5 Moyna Drive, SPRING GULLY


Overlays: Significant Landscape Overlay Schedule 1.


The site comprises a generally rectangular lot of 768 square metres located on the southern side of Moyna Drive between Walker Drive and Glenn Street. The site is currently vacant and was formed as part of an approval to re-align the boundary of two existing lots at 5 and 7 Moyna Drive, Spring Gully.

The typography of the site was significantly altered as detailed above, prior to the application being lodged. No significant native vegetation existed on the site prior to excavation.

The area is zoned Residential 1 with all lots adjoining the subject site developed with dwellings. Lot sizes on the northern side of Moyna Drive range between 820 to 1,290 square metres and lots on the southern side vary between 300 and 800 square metres.

Located 20 metres from the south west corner of the site is land zoned Public Conservation and Resource Zone. The large canopy trees located on this land, as well as nearby properties, provide a treed backdrop to Moyna Drive and the surrounding streetscapes.

Moyna Drive is a local, City of Greater Bendigo managed road with no footpaths, some street trees and vehicular access to the application site is via a single width crossover generally in the middle of the site.


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The site lies within the Spring Gully Residential Character Policy which aims to implement the findings of the City of Greater Bendigo Residential Character Study 2001 that identifies the key existing characteristics and desired future character of the residential areas of Spring Gully. The Significant Landscape Overlay Schedule 1 is also applicable to the land.

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

Proposal

The proposal is to subdivide the land into two lots and construct two dwellings.

The subdivision component of the proposal would provide:

Lot 1289.7m2

Lot 2368.6m2

Common property 109.4m2

The dwelling on lot 1 would be accessed direct from Moyna Drive, with lot 2 accessed from the common property. The dwellings will be double storey, comprise three bedrooms with attached double garages and modern in design. They will be constructed from a combination of brick veneer, selected stone work and light weight cladding.




11.05 Regional Planning


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15.01 Urban environment 15.02 Sustainable environment 16.01 Medium density housing


21.05 Settlement 21.06 Housing 21.08 Environment


22.23 Spring Gully Residential Character Policy Precinct 2

Overlays

42.03 Significant Landscape Overlay (Schedule 1)

Other Provisions

32.01 Residential 1 Zone 55 Two or more dwellings on a lot and residential buildings 56 Residential Subdivision 65 Decision Guidelines


Referrals

The following internal departments have been consulted on the proposal:

Referral Comment



Public Notification


As a result of advertising 2 objections were received. The grounds of objection can be summarised as:

The development is not reflective of the neighbourhood character of the area or the character the Significant Landscape Overlay aims to maintain;

The site cut required and retaining walls may require vegetation on adjoining land to be removed;

Excessive height of buildings; Length of garage and height; Storm water drainage; Privacy issues ;


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Overshadowing.


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 hasaccess 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 and meet the identified neighbourhood character of areas. This is discussed further below.


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, 22.23 Spring Gully (3) Residential Character Policy, 32.01 Residential 1 Zone, 55 Two Dwellings on a Lot and 56 Residential Subdivision.

A local resident has expressed concern relating to the impact of the proposal on the character of the area both from a streetscape perspective and from adjoining land. It is agreed this is an important issue in the consideration of the proposal.

The objective to Clause 55.02-1 Neighbourhood character is to ensure the design response respects the existing and preferred neighbourhood character and that the development responds to the features of the site and the surrounding area. This includes the decision guideline of considering any relevant character policy in the Scheme which in this instance is Clause 22.23 Spring Gully Residential Character Policy (Precinct 3).


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Clause 22.23 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 maintain and strengthen the native vegetation dominated streetscapes.

Buildings should be sited and designed to incorporate space for the planting ofsubstantial vegetation.Retain existing high canopy trees andunderstorey wherever possible (Locate footings outside root zone).Replace any trees lost due to development with similar size indigenous or native trees.Prepare a landscape plan to accompany all development proposals that utilizes appropriate coastal species.

Comment: Although it could be argued this section of the streetscape is not dominated by native vegetation, the imposing nature of the development both on the streetscape and the site means insufficient space is provided for the planting of substantial vegetation to achieve the desired future character.

A revised landscape plan was submitted late in the assessment process which included a small amount of additional planting. In particular a row of callistemons along the front boundary were proposed. In essence these plants will act as a front fence to screen the dwelling and reduce its dominance. The revised landscape plan will not result in the proposal meeting the objective or preferred design response.

To minimise site disturbance and impactof the building on the landscape.

Buildings should be designed to follow the contours of the site or step down the site.

Comment: What has occurred is that the contours of the site have been significantly altered prior to the permit application to achieve the submitted design response rather than the design response being influenced by the contours of the site. Theillegal works (site cut) already performed and further excavation required to achieve this design has already resulted in excessive site disturbance and more will be required. This significant alteration to the contours of the site combined with overall bulk and location of the buildings will impact on the landscape.

To maintain the consistency, wherepresent, of building front setbacks

The front setback should be not less than the average setback of the adjoining twodwellings.Buildings should be off-set from at least one side boundary.


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Objectives Response

Comment: The design response does not meet the front setback objective based on the average of the two dwellings as detailed above, however; the front setback proposed meets the requirements of Clause 55.03 of Rescode.

Clause 55.03 states the front set back should be the average distance of front walls of existing buildings on the abutting allotments. An outbuilding at 3 Moyna Drive is the closest building to the front boundary and results in the proposed setback of 4.883 metres meeting the Clause.

Buildings are setback from both side boundaries.

To ensure that adequate space isavailable on private land for the retention and planting of vegetation.

The total hard surface site coverage(including outbuildings, swimming pools,tennis courts, driveways and all non-permeable surfaces), should not exceed40%.Proposals that exceed the specified sitecoverage maximums must demonstrate that the Site Coverage objective and allremaining Objectives and Design responses have been met.

Comment: The total hard surface site coverage including driveways and paving is approximately 75%. This percentage exceeds the preferred maximum hard surface of 40%. Considering minimal space has been provided for planting of vegetation and other objectives and design responses have not been met, the proposal does not meet the requirements of the Residential Character Policy.

To ensure that new buildings andextensions do not dominate thestreetscape.

Respect the predominant building height in the street and nearby properties. Where there is a dominance of single storey, the height at the front of the dwelling should match the typical single storey wall height.Use flat or low pitched roof forms.

Comment: The front dwelling does not respect the predominant building height of the street. The two storey dwelling to the east (3 Moyna) has a setback 8 of metres from the front boundary, is simple in design and positioned on the land not to dominate the street. In contrast the proposed dwelling has a setback of approximately 5 metres and its overall height will result in the bulk of the dwelling dominating the streetscape.

The butterfly skillion roof form proposed meets the preferred design response of low pitch although the majority of roof forms are conventional low pitched roofs.

To maintain and enhance the continuous flow of the bush garden settings and the

Provide no fencing forward of the dwelling.


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Objectives Response

openness of the streetscape.

Comment: No front fence is proposed. The line of callistemons proposed along the front boundary will not enhance the continuous flow of the bush garden setting and openness to the street.

Does the proposal adequately consider the objectives of the Significant Landscape Overlay?

The statement of nature and key elements of landscape detailed under the Clause 42.03 Significant Landscape Overlay Schedule 1 Bush Garden and Semi-Bush Residential Area makes reference to the City of Greater Bendigo Residential Character Study 2001 and states the following:

The type and quantity of native vegetation in these areas should be retained and enhanced. It is therefore necessary to ensure that new residential development includes sufficient space around the dwelling to accommodate trees and understorey.

The proposal does not provide sufficient space to accommodate native trees and understorey. The landscape plan submitted includes minimal planting of native vegetation and does not enhance the type and quantity of native vegetation identified in the area.

The landscape character objectives to be achieved include:

To provide for sensitive siting of buildings and works, access and earthworks and by the restoration of native vegetation where considered appropriate, ensure that the development of land and the removal of native vegetation are not detrimental to the natural environment and character of the area.

The illegal works (site cut) was not sensitive to the site and further excavation is required to accommodate the proposal. The combination of extensive works, the proposed design and the siting of the front dwelling in relation to the front property boundary, has the potential to be detrimental to the character of the area.

Will the proposal adversely affect the residential amenity of adjoining land owners?

The principal purpose of Clause 55 Two or more dwellings on a lot is to achieve residential development that respects the existing neighbourhood character or whichcontributes to a preferred neighbourhood character, to encourage residential development that provides reasonable standards of amenity for existing and new residents, and to encourage development that is responsive to the site and the neighbourhood.


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An assessment of all the objectives and standards of Clause 55 has been undertaken and although the proposal generally meets the policies in the State Planning Policy Framework and the objectives of Clause 55, it is concluded that the proposal does not meet the neighbourhood character objective of Clause 55.02-1 which has previously been discussed and the following purposes to the Clause 55:

Achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character and;

Encourage residential development that is responsive to the site and the neighbourhood.

The proposal does not meet other standards of Clause 55 however these could be addressed via conditional requirements. These include:

Clause 55.03-5 Energy Efficiency Objectives due to dwelling two not being orientated to make appropriate use of solar access.

Clause 55.03-10 Parking Location Objectives due to the location of kitchen windows to dwelling 1 not meeting the relevant standard.

Other objector concerns:

The site cut required and retaining walls may require vegetation on adjoining land to be removed.

Verbal comment from the City's Parks & Natural Environment Unit was that any additional site cut is unlikely to result in native vegetation to be removed on adjoining land.

Rescode issues.

The proposal meets the relevant objectives and standards of Clause 55 relating to objector concerns raised regarding excessive building height, privacy issues, overshadowing and the length of the garage wall along a property boundary. were.

Objector concerns regarding drainage could be addressed via standard conditional requirements.

Conclusion

The site is in a good location to provide new housing in terms of accessibility to employment opportunities, leisure and public transport and meets the objectives of the State Planning Policy Framework and the design response adheres to the majority of Clause 55 of the Greater Bendigo Planning Scheme.

The design response does not, however, respect the preferred character of the area as detailed in the Spring Gully Residential Character Policy Schedule 3 and Clause 55.02-1 or elements of the landscape character objectives in the Significant Landscape Overlay.

For the reasons above, it is considered that the proposed development does not comply with the Planning Scheme and a planning permit should be refused.


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Options


Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a notice of refusal to subdivide land and construct two dwellings at 5 Moyna Drive, Spring Gully based on the following grounds:

1. The dwelling would be harmful to neighbourhood character by reason of its siting, visual bulk, roof form and appearance being contrary to clauses 22.23, 55.02-1 and 55.06-1 of the Greater Bendigo Planning Scheme.

2. The siting, design and works are not site responsive, sensitive and insufficient space is provided around the dwellings to accommodate trees and understorey as required by Clause 42.03 Significant Landscape Overlay (Schedule 1) of the City of Greater Bendigo Planning Scheme.

3. The proposal does not meet the purpose of Clause 55 by reason of dwelling two not being orientated to make appropriate use of solar access as per Clause 55.03-5 Energy Efficiency Objectives and the kitchen windows to dwelling one do not meet the standard to Clause 55.03-10 Parking Location Objectives.

RESOLUTION

Moved Cr Reade, Seconded Cr Phillips.

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 to subdivide the land and construct two dwellings at 5 Moyna Drive, Spring Gully subject to the following conditions:

1. MODIFIED PLAN REQUIREDBefore 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) Landscape plan as per condition 2(b) Redesign dwelling 2 to achieve the objective and standards of Clause 55.03-5 (c) Windows to the kitchen of dwelling one to comply with Clause 55.03-10


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(d) The minimum sight line for pedestrian safety, pursuant to AS/NZ 2890.1 – 2004 Fig 3.3, must be provided at circulation roadway exits onto the street.

2. LANDSCAPE PLAN REQUIREDBefore the development starts, a landscape plan developed 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 three copies must be provided. The plan must show:(a) Details of surface finishes of pathways and driveways(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

(c) Minimum of two native canopy trees (minimum two metres tall when planted) in the front yard between dwelling 1 and the front property boundary. Minimum two native canopy trees (minimum two metres tall when planted) from the rear boundary wall and the rear property boundary.

(d) The space between dwelling 1 and the front boundary to contain understoreynative plants.

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

4. COMPLETION OF LANDSCAPINGBefore the occupation of the development starts or by such later date as is approvedby the responsible authority in writing, the landscaping works shown on the endorsedplans must be carried out and completed to the satisfaction of the responsible authority.

5. NO ALTERATION TO LAYOUTThe use and development permitted by this permit as shown on the endorsed plans 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.

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

7. REFRIGERATION AND AIR-CONDITIONING EQUIPMENTAny 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.

8. DETAILED DRAINAGE PLANS:Prior to the certification of the plan of subdivision under the Subdivision Act 1988, plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed


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and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include:(a) direction of stormwater run off (b) a point of discharge for each lot(c) independent drainage for each lot

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

Q5 = 5.7l/s

OrThe Responsible Authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $ 1,000 or such amount applying at the time of payment.

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

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

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

12. SECTION 173 AGREEMENT – ON SITE DETENTION SYSTEMShould the applicant opt to install on-site stormwater detention or water quality treatment then, 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.

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


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lots. Each system must be completed prior to connection to the responsible authority’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.

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

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

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

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

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

18. NO MUD ON ROADSIn 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 tominimise the problem to the satisfaction of the responsible authority.

19. SERVICE AUTHORITY CONDITIONS (TELSTRA, TENIX, POWERCOR AND COLIBAN WATER)


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

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

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

CARRIED

SITE PLAN


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STREETSCAPE ELEVATION

DWELLING 1 ELEVATIONS


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DWELLING 2 ELEVATIONS

SUBDIVISION LAYOUT


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LANDSCAPE PLAN


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2.7 SUBDIVIDE LAND INTO 3 LOTS - 28 FREDERICK STREET, NORTH BENDIGO


Author Liz Commadeur, Subdivision Planner


Summary/Purpose

This application seeks approval for a three lot subdivision at 28 Frederick Street, North Bendigo. One neighbour has objected to the subdivision principally because of concerns about amenity issues and the future development of Lot 1 and Lot 3 not being in keeping with the character of the area.

The applicant did not wish to participate in the consultation process.

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

Policy Context




Report

Application No: DS/245/2012

Application Date: 18 April 2012

Applicant: Geoff Shaw & Associates Pty Ltd

Land: 28 Frederick Street, NORTH BENDIGO


Overlays: There are no overlays.


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The subject site is located in an older, established residential area of North Bendigo. The site is generally rectangular in shape with an area of 1,070 square metres. A four metre wide drainage easement runs along the north eastern boundary of the site. A weatherboard dwelling is located on the south western end of the site.

Services, including reticulated water and sewerage, power, gas and telecommunications are able to be connected to the site. Frederick Street is a sealed road with kerb and channel. There is a formal footpath along the site frontage. The site slopes to the north of the site.

Lot sizes in the area range from 200 square metres to 1,150 square metres. The dwellings in the area tend to be conventional family homes with reasonable side setbacks. The site is located within close proximity to the CBD, a primary school, hospital and recreation facilities.

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

Proposal

The applicant seeks approval for a three lot subdivision at 28 Frederick Street, North Bendigo. It is proposed to excise an existing dwelling from the balance of the site to create two new lots each suitable for a dwelling. Lot 1 and Lot 2 will have direct access from Frederick Street, while Lot 3 will be contained towards the rear of the site. The area of the lots is:

Lot 1 373 square metresLot 2 293 square metresLot 3 404 square metres


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The site is in the Residential 1 Zone. A permit is required to subdivide land in this zone.

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

State Planning Policy Framework:

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

Municipal Strategic Statement:

Municipal profile (clause 21.01) Key issues and influences (clause 21.02) Vision - strategic framework (clause 21.03) Strategic directions (clause 21.04) Settlement (clause 21.05) Housing (clause 21.06) Infrastructure (clause 21.09) Reference documents (clause 21.10)

Local Planning Policies:

Salinity and erosion risk policy (clause 22.04) North Bendigo residential character policy (clause 22.20)

Other relevant provisions:

Residential subdivision (clause 56) Decision guidelines (clause 65) Referral and notice provisions (clause 66)


Referrals


Referral Comment





Traffic & Design No objection with no conditions


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Referral Comment


Public Notification

The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising one objection was received, with the grounds of objection being:

Concern that a “multi” storey dwelling being constructed on Lot 1 and Lot 3 will not be in keeping with the character of the area;

Amenity issues, including overshadowing and overlooking;


Planning Assessment


The site is located within Precinct 7 of the North Bendigo residential character policy. The precinct is described as having “a mixed character of dwellings, marking a transition from the more consistently Victorian inner areas to the inter-war period of development and beyond. Some of it has a 'cottage' character, derived from the modest scale of the dwellings and the small garden setbacks, and the open front fences. Setbacks vary according to the size of lot and housing, but are often consistent within a particular streetscape”.

Frederick Street generally reflects the description of this character policy. The types of housing in Frederick Street are generally a mixture of older modest sized weatherboard and brick dwellings with reasonable front and side setbacks. Gardens tend to be small. Medium sized native trees are located along both sides of the road reserve.

The existing weatherboard dwelling has no front setback, being positioned on the front boundary of the site. The placement of the dwelling on the site leaves a large vacant area to the south east and northeast. The site slopes towards the north west.

The objector is concerned that any potential construction of a “multi” storey dwelling on the lots will not respect the existing character of Frederick Street and nearby streets and therefore not in keeping with the of Precinct 7 of the North Bendigo residential character policy.

The proposed subdivision will respect the existing character of Frederick Street. As stated earlier, the placement of the existing dwelling on the site differs considerably from the rest of the street. The proposed area of Lot 2 is considerably smaller than the other lots, but can accommodate the existing dwelling comfortably. The shape and size of Lot 1 lends itself to further development. This is because the width of Lot 1 provides reasonable frontage to Frederick Street, while the depth of the lot is generous, allowing flexibility in how a dwelling is setback from the street. Any future development on Lot 3 will be well concealed behind the existing dwelling on Lot 2.


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There is sufficient space to the south west of the existing dwelling to accommodate a four metre wide battle-axe driveway to Lot 3. There are many ways that the scale and bulk of proposed dwellings on Lot 1 and Lot 3 could be addressed as part of any future dwelling construction. For instance, appropriate landscaping can been used to ‘soften” the degree of visual bulk, should a double storey dwelling be constructed on the lots.

Overall, the three lot subdivision proposed on the large site will respect the objectives of the North Bendigo residential character policy and won’t detract from the character of the existing streetscape.

Amenity Issues

The objector is concerned about potential overlooking and overshadowing of their property at 26 Frederick Street. If a single storey dwelling was constructed, overshadowing and overlooking issues are unlikely. It is true that if a double storey dwelling was constructed, issues of overshadowing and overlooking could arise. There is potential for some overshadowing of the objector’s property in the mid to late afternoon from Lot 1, however, the overshadowing effect on the objector’s property for the balance of the day will be minimal. Overlooking towards this property from Lot 3 would be minimal due to the slope of the land but in any event can be managed in accordance with the relevant Rescode standard, such as controlling the design and location of windows, balconies and patios. Future tree screening and use of fence extensions or other techniques could be used if necessary to minimise potential overlooking issues.

Rescode

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

Conclusion

For the reasons above, it is considered that the proposed subdivision does comply with the Planning Scheme and a permit should be granted.

Options


Attachments

Objection.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for a three lot subdivision at 28 Frederick Street, North Bendigo subject to the following conditions:


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1. AMENDED PLANSBefore the plan of subdivision is certified 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 then form part of the permit. The plans must be generally in accordance with the plans submitted with the application but modified to show:(a) A 3 metre by 3 metre splay on the northern corner of Lot 2.


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

4. DETAILED DRAINAGE PLANSPrior 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.

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

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

Or

The responsible authority may deem this condition satisfied by a development contribution towards the acceptance of surface and stormwater discharge from the approved subdivision, building and/or works, whether or not such new drainage infrastructure has been or will be situated within the boundaries of the subject land. Such amount is assessed as $2,000 or such amount applying at the time of payment.

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


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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 $750 or such amount applying at the time of payment.

8. DRAINAGE WORKSPrior 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.

9. SECTION 173 AGREEMENTShould the applicant opt to install an on-site stormwater detention system or water quality treatment system then, prior to the issue of statement ofcompliance, 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 system shall be designed by a qualified engineer and must be approved

by the responsible authority prior to construction.(b) Each system must be constructed either prior to, or currently with, the

construction of any building on the specified lots. (c) The system must be completed prior to connection to the responsible

authority’s drainage system. (d) The owner will maintain each system and not modify without prior written

approval from the responsible authority. (e) The owner shall allow duly authorised officers of the responsible authority to

inspect the system at mutually agreed times.(f) The Owner will pay for all costs associated with the construction and

maintenance of the system.

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

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

for the provision of reticulated water and sewerage services to each of the lots within the subdivision and comply with any requirements arising from any effect of the proposed development on Coliban Water assets.

(b) All Coliban Water assets within the subdivision, both existing and proposed, are to be protected by Registered Easement in favour of Coliban Region Water Corporation.


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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 and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electrical Safety Victoria’s Electrical Safety System.

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

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

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

NOTE:

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


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TELSTRA(a) Approval does not cover alterations to existing Telstra Plant or Network. Locations of

existing network can be obtained from Dial Before You Dig – Ph: 1100. (b) For co-ordinated Telstra plant reticulation in this development, please refer to

www.telstrasmartcommunity.com to Register your Development and Apply for Reticulation.

RESOLUTION



CARRIED


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2.8 ENDORSEMENT OF THEMATIC ENVIRONMENTAL HISTORY

Author Katie Nolan, Strategic Heritage Planner

Responsible Prue Mansfield, Planning & Development Director

Summary/Purpose

The purpose of this report is to present to Council the finalised Greater Bendigo Thematic Environmental History (TEH) for endorsement.

The TEH has been prepared in order to assist the City of Greater Bendigo (CoGB) with the assessment and protection of heritage places, and to establish a prioritised approach to ongoing heritage protection.

Policy Context

The City of Greater Bendigo Council Plan 2009-2013 (updated 2010), Greater Bendigo +25 Community Plan, and the Greater Bendigo Planning Scheme emphasise the importance of heritage and can assist Greater Bendigo in its aim to be the “best place to live, work and visit, where… its rich natural and cultural heritage is conserved for today and tomorrow” (Greater Bendigo Council Plan).

State legislation that supports the TEH includes:

The Environmental Protection and Biodiversity Conservation Act 1999. Objective: “to provide for the protection and conservation of heritage.”

Planning and Environment Act 1987, State of Victoria. Objective: “to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.”

Victorian Heritage Act 1995. Purpose: “to provide for the protection and conservation of places and objects of cultural heritage significance and the registration of such places and objects.”

Aboriginal Heritage Act 2006. Purpose: “to provide for the protection of Aboriginal cultural heritage in Victoria.”

State Planning Policy Framework (refer Greater Bendigo Planning Scheme, Clause 15.03). Strategies: “identify, assess, and document places of natural and cultural heritage significance as a basis for their inclusion in the planning scheme.”

CoGB’s Municipal Strategic Statement (refer Clause 21.08) (further strategic work). Policy: “undertaking heritage inventories within those parts of the municipality that have no comprehensive heritage studies” and “applying the Heritage Overlay to buildings, areas, places and sites of heritage significance.”


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Work on the TEH began in March 2011. Since then there has been extensive background research of primary and secondary sources, community consultation, and survey work. A draft was prepared and presented to the Steering Committee in August 2011; recommended changes were incorporated into the document. In May 2012, a final draft was prepared and presented to the Steering Committee and to community members who had attended one of the meetings held in May and July 2011. Further changes were incorporated into the document.

This project is funded in part by the State Government of Victoria through Victoria’s Heritage Grants.

Report

The TEH has been prepared as a basis for future heritage work. It will help CoGB protect the heritage of Greater Bendigo by explaining why each place is special in comparison to others, create a list of sites that represent our varied past, make future heritage studies more efficient, and help prioritise future studies and enable an estimation of resources for that work. Moreover, it will guide the development of a Heritage Strategy / Plan which is in the Strategy Unit’s 2012/13 work plan. It also has the potentiality to be used outside the organisation by community groups, educational institutions, art and history enthusiasts, and authors.

The final draft of the TEH is comprised of:

The Thematic Environmental History with Bibliography Overview Report, including:

o Methodology Report with Recommendations for future worko Indicative list of places of potential significanceo Statement of Significance for the municipalityo Summary Historyo Electronic and hard copy set of maps.

The TEH is now in a final draft form and ready to be endorsed by Council. Following endorsement, it will go on public exhibition for further community comment.

Highlights of the report are listed below.

The Themes

The following themes have been identified as highly significant to the development of Greater Bendigo:

The Natural Environment Establishing Transport RoutesThe First Peoples GoverningExploratory Expeditions Building TownsSquatting IndustryGold Mining ManufacturingFarming Settlement Commerce


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Accessing a Water Supply Building Communities

These themes are highly developed and explored in the report, and examples of each are provided throughout the text and in the Appendix to the Overview report.

The Recommendations

Because parts of Greater Bendigo and particular types of places have not been studied yet, an important aspect of the project was the identification of priority heritage studies and ‘gap-filling’ work. The recommendations are based on geography or typology; indicating where there is a probability of finding places of significance that are underrepresented in the Schedule to the Heritage Overlay of the Greater Bendigo Planning Scheme. This will assist Council with creating a work program and anticipating budgetary needs over the next few years.

Priority studies based on location:

White Hills Bendigo CBD (specifically areas to the east and north of the CBD, including Garsed

Street, Wills Street and the south end of Mitchell Street) Golden Square Huntly Epsom Areas subject to Neighbourhood Character Overlays (NCOs)

Priority studies based on typology:

Twentieth Century developmentIndustrial heritage placesAboriginal heritage placesPlaces on public landPastoral sitesAgricultural and horticultural placesEarly coach routes and roadsManufacturing placesPlaces that represent immigrant groups

Completion of these will depend on budget and resource allocation by Council. This list can be used to outline a work plan over the coming years. However, as any work plan, it may need to be amended if current assumptions change. For example, if a new area were proposed for future development that isn’t currently identified, and that area had not been studied before for heritage, this location might be added to the priority study list.


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Statement of Significance

One of the most important elements in a heritage study is development a Statement of Significance (SoS) for the place. The SoS declares what is significant about a place, howit is significant, and why so that it is clear why a place is important and what should be protected. All future work that is proposed for that place must be weighed against the SoS so that development does not negatively impact the values of the place. A SoS has been prepared for Greater Bendigo and it is intended that it will become a part of the Greater Bendigo Planning Scheme at Clause 22.06, the Heritage Policy.

What is significant?Greater Bendigo is a major municipality of northern Victoria. It includes the State’s third largest city, Bendigo, rural areas, and hinterland towns of Axedale, Elmore, Heathcote, Marong and Redesdale. Extensive natural areas, including Box Ironbark forests, are set aside in national and regional parks, crown land reserves, and public forests, as well as occurring on private land.

Aboriginal clans occupied the forests and plains of the area, before the arrival of pastoralists in the later 1830s and 1840s and still maintain a connection. The discovery of gold in the municipal area in the early 1850s generated an extraordinary period of development; it brought diggers and settlers to Greater Bendigo, who established a rich and culturally diverse society. The expansion and influence of gold mining also impacted on the development of industry, manufacturing and commerce. The municipal landscape of today reflects all these layers of history and culture, in the spatial layout of urban areas, agricultural land, and natural environments.

How is it significant?Greater Bendigo is of outstanding historical, social, aesthetic, architectural, and scientific significance.

Why is it significant?Greater Bendigo is of historical and social significance. It was the location of one of Victoria’s earliest alluvial gold rushes, followed by the establishment and expansion of quartz mining. The Bendigo-Eaglehawk field was one of the world’s great nineteenth century quartz mining centres (the largest in eastern Australia and the second largest in Australia after Kalgoorlie). The colossal output helped sustain global financial systems and trade, and was a significant contributor to the development of Melbourne. The mining activity initiated significant innovations and developments in commerce, manufacturing and technology. Examples include the first mining stock exchange in Australia (in the Beehive Building on Pall Mall), one of the largest railway workshops in Australia, and the foundation of Bendigo Bank and the Myer retail empire. Construction of a reliable water supply in the Coliban Water reservoir system also influenced historical development, including the location and viability of settlements and horticulture. Trans-national immigration associated with gold mining brought a diversity of traditions and cultural practice. In particular the Cornish, German and Chinese miners have made and significant and ongoing contributions to the culture and development of Greater Bendigo.


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German immigrant architects designed buildings which are now regarded as some of the most significant in regional Victoria, helping to make the municipality of aesthetic/architectural significance. Bendigo city has one of the highest concentrations of Victorian Heritage Registered properties in the State, and two of regional Australia’s most architecturally distinguished boulevards in Pall Mall and View Street. Bendigo has an outstanding collection of historic civic buildings, complemented by more modest collections of civic buildings in other towns. Significant structures in Greater Bendigo include those associated with industry, public utilities, mining, transport, agriculture, engineering and manufacturing. Boom style homes and gardens built by mining speculators contrast with an extensive collection of modest German and Cornish miners’ cottages. Many small settlements also retain buildings associated with gold rushes. In addition, there are significant buildings that represent a diverse vernacular tradition. There are also fine examples of 19th century town planning layouts and botanic gardens, public parks and avenues of trees. Extensive natural areas, including Box Ironbark forests, rivers, hills and valleys of cultural and aesthetic significance provide a contrast to the urban centres and agricultural landscapes.

The municipality is of scientific significance. Numerous historical and archaeological sites associated with different phases and types of gold mining and processing survive, and demonstrate aspects of mining technology. There are also outstanding examples of manufacturing industry associated with restructuring of the mining industry, in particular foundries and engineering works for defence and agriculture, where advances in technology were also made. There are in addition natural sites of significance throughout the municipality, including geological and geomorphological sites such as the Big Hill Range.

Next Steps

Following endorsement of the study, it will go on public exhibition for a period six weeks. Any changes that are required will then be made, and the report presented to Council for adoption. The report would then be included in an upcoming and appropriate Amendment as an inclusion to the Reference Documents at Clause 22.06, the Heritage Policy, of the Greater Bendigo Local Planing Policy.

Upon inception, it was intended that this document be used for the development of a host of interactive purposes such as gallery exhibits, walking tours, educational materials, and mapping. The realisation of those projects can be taken on by CoGB or by community groups and will develop over time.


A Steering Committee was formed at project inception to inform the project and provide direction. Representatives from CoGB (Strategic Planning, Statutory Planning, Bendigo Art Gallery, Planning & Development Directorate), Heritage Victoria, Department of Planning & Community Development, the Heritage Advisory Committee, and the Greater Bendigo City Council. This group met three times over the course of the project and provided input when required.


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Community consultation included workshops held in 2011, at Bendigo (21 May and 29 July), Marong (23 May), Eaglehawk (23 May), Strathfieldsaye (26 May), Heathcote (26 May), Elmore (7 July), and Huntly (7 July). It also involved a questionnaire that many community members completed online or sent in the mail. Moreover interested community members were asked to comment on the draft TEH.

Consultation also involved members and elders of the Jaara people of the Dja Dja Wurrung community, the Barapabarapa people and the Taungurung people, and incorporated consultation with the Dja Dja Wurrung Clans Corporation and the Taungurung Clans Aboriginal Corporation.

Project Bulletins were distributed in May 2011 and October 2011. Media releases were made throughout that time and community members were encouraged to contribute through the CoGB website.

Conclusion

A TEH is a history of land use – how a particular environment influenced the formation of a place, in our case, the municipality of Greater Bendigo, as well as how mankind affected the formation and change of an environment.

Work on the TEH began in March 2011. Extensive community consultation was undertaken to ensure that knowledge held by the public was included in the report. Field work and review of primary and secondary sources was undertaken to develop the story of Greater Bendigo. The report went under many stages of review to get to the final draft stage it is in now.

The completion of the Greater Bendigo Thematic Environmental History is a great step for the heritage of Greater Bendigo. It will provide a basis for future heritage work; guidethe development of a Heritage Strategy/Plan in the 2012/13 financial year; assist units across the organisation with prioritisation of projects (e.g. assisting Tourism with the knowledge of which themes are the most important and therefore which stories should be told in initiatives such as walking tours and signage); and provide a resource that can be used inside and outside the organisation for historical and land use studies.

Resource Implications

Future expenditures may arise at the conclusion of the 6-week public display period if comments are received that warrant changes to the TEH. It is anticipated that these costs would be minimal.

The Thematic Environmental History has the capacity to inform the assessment of heritage places, making the process more efficient and less resource intensive. It also provides a foundation for future heritage studies.

Attachments

1) Final Draft Overview Report


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The Final Draft Thematic Environmental History including all supplementary parts(Appendix A in the Overview Report) is available upon request due to the size of the document, +400 pages.

RECOMMENDATION

That the Greater Bendigo City Council resolve to endorse the Greater Bendigo Thematic Environmental History and place it on exhibition for a 6 week period for public comment. Any changes that are required will then be made, and the report presented to Council for adoption and resolution to commence the process to incorporate it as a Reference Document into the Greater Bendigo Planning Scheme.

RESOLUTION

Moved Cr Cox, Seconded Cr Phillips.


CARRIED


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2.9 DISCONTINUANCE OF PART OF WILLIAM PERRY LANE, NEILBOROUGH


Author Brett Martini, Manager Asset Planning and Design

Responsible Darren Fuzzard, Director, Presentation and AssetsDirector

Summary/Purpose

This report recommends the discontinuation of part of William Perry Lane, Neilborough, north of Pierces Road.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2009–2013 (updated 2012)


Strategy 1.5 Work to promote, protect, maintain and restore Greater Bendigo’s natural heritage.


A letter was received from the owners of PC 371946 shown on the map below.

The owners requested that part of William Perry Lane be discontinued and consolidated with the adjoining National Park. William Perry Lane is a Government Road at Neilborough between Scotts Road and Pierces Road. The owners are hoping that by closing off the road it would discourage riders of unlicensed trail bikes and preserve a rich patch of native vegetation along William Perry Lane.

Report

The road at the northern end off Scotts Road is a formed and gravelled road that provides access to properties for a distance of approximately 530 metres. The section of William Perry Lane north of Pierces Road is not open to traffic and abuts land on the east side owned by the Department of Sustainability and Environment (DSE). The privately owned land on the west side does not require road access as the applicants for the discontinuance have consolidated their property and have access to their land north of the proposed discontinuance. The section of William Perry Lane to be discontinued is shown hatched on the plan below.


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The Local Government Act 1989 allows Council to discontinue this road under Section 206 and Schedule 10, Clause 3 and transfer the land to the Crown.

Discussions with DSE and Parks Victoria have indicated their support for the discontinuance and ultimate consolidation into the adjoining National Park. No objections to the discontinuance have been received as outlined below.


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The two other landowners who have access to William Perry Lane have been contacted by letter in April 2012 and no response has been received.

A public notice was placed in the Bendigo Advertiser on 3 September 2011. No submissions were received in accordance with Section 223 of the Local Government Act 1989 as a result of the public notice.


The discontinued road will be transferred to the Crown. There will be no practical change to Council’s activities on this road as it is unmade, however it does remove any potential liability of Council.

Conclusion

That a section of William Perry Lane for a distance of 665 metres north of Pierces Road at Neilborough be discontinued under Section 206 and Schedule 10, Clause 3 of the Local Government Act 1989 and transfer the land to the Crown.

RECOMMENDATION

That the Greater Bendigo City Council:

1. Discontinue under Section 206 and Schedule 10, Clause 3 of the Local Government Act 1989 a section of William Perry Lane for a distance of 665 metres north of Pierces Road at Neilborough.

2. Place a notice in the Government Gazette advising of the road discontinuation.

3. Notify owners of PC 371946 of Council’s decision.

RESOLUTION

Moved Cr Phillips, Seconded Cr Fyffe.


CARRIED


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2.10 RESPONSE TO PETITION: WASTE TRUCKS USING LESTER STREET, EAGLEHAWK


Author Andrew Smith, Senior Design and Traffic Engineer

Responsible Darren Fuzzard, Director Presentation and AssetsDirector

Summary/Purpose

The purpose of the report is to respond to the petition presented to Council on 23 May2012 from residents and users of Lester Street, Eaglehawk.

Policy Context


City of Greater Bendigo Council Plan 2009–2013 (updated 2012)


Strategy 1.12 Develop a sustainable integrated transport network.


A petition has been received from residents and other road users regarding Lester Street, Eaglehawk as outlined below:

"We the undersigned request that Council do not allow the large waste trucks to enter Lester Street, Eaglehawk, but rather direct them along designated truck routes".

Signatures - 17

Previous Council Decision(s) Date(s):

At the Council meeting held on 23 May 2012, Council resolved that a report be prepared within two meetings.

Report

Wheelie Waste is contracted by Council to transport waste using B-doubles from the Eaglehawk Landfill to Patho Landfill 30km north-west of Echuca.

A condition in the contract for Wheelie Waste was that Victoria Street was not to be used. At the time this was the only gazetted B-double route from the landfill.


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When the permit for the B-double route for the waste trucks was first considered, the Caldwells Road / Lester Street route was chosen as it is the most direct and simplest route out of town. At that time, it was envisaged that all truck movements would occur during daylight hours. A permit was then issued to Wheelie Waste to use this route.

Since then, there have been a number of complaints about large trucks using Lester Street late at night.

Discussions have taken place between the CoGB contract manager and Wheelie Waste. It has been agreed that Lester Street would not be used after 4 June 2012 and that the following two routes would be used:

Caldwells Road – From the landfill, left into Upper California Gully Road, right into Caldwells Road, left into Loddon Valley Highway (Peg Leg Road), past Lester Street, right into Sailors Gully Road, past Lester Street and continue as at present. This route will be used during peak traffic times in Bendigo.

Holdsworth Road – From the landfill, right into Upper California Gully Road, left into Eaglehawk Road, right into Holdsworth Road, left into Midland Highway at White Hills, past Howard Street at Epsom and continue as at present.


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A B-double permit has been issued for the use of Caldwells Road by Wheelie Waste. All other roads highlighted in the map are already gazetted B-double roads and any B-double can travel on them.

It is important to note that, while permission for B-double use of Lester Street has been removed, other large vehicles (such as semi trailers and truck & dog trailers) will continue to have legal use of the road.

Cost implications

Nil. This change in truck routes has been made without cost implications under the contract.

Conclusion

The two new truck routes negotiated with Wheelie Waste and described in this report will lessen the impact of commercial vehicles on the residents of Lester Street by once again removing all B-doubles.

RECOMMENDATION

It is recommended that Council:

1. Endorse the use of the following routes by Wheelie Waste B-double trucks in lieu of Lester Street, Eaglehawk:

a. Caldwells Road – From the landfill, left into Upper California Gully Road, right into Caldwells Road, left into Loddon Valley Highway (Peg Leg Road), past Lester Street, right into Sailors Gully Road, past Lester St and continue as at present. This route will be used during peak traffic times in Bendigo.

b. Holdsworth Road – From the landfill, right into Upper California Gully Road, left into Eaglehawk Road, right into Holdsworth Road, left into Midland Highway at White Hills, past Howard Street at Epsom and continue as at present.

2. Notify the submitters of the petition of Council's decision.

RESOLUTION

Moved Cr Cox, Seconded Cr Phillips.


CARRIED


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2.11 REVISED LANDFILL FEES DUE TO CARBON PRICE LEGISLATION


Author Robyn Major, Manager Sustainable Environment

Responsible Darren Fuzzard, Director Presentation and AssetsDirector

Summary/Purpose

To recommend that revised 2012/13 User Fees and Charges for waste services be adopted in consideration of current information regarding the predicted impact of Carbon Price legislation on landfills. A reduction in fees previously adopted for 2012/13 is proposed.

To recommend that changes be made to the Garbage Charge nominated in the draft 2012/13 budget in consideration of current information regarding the predicted impact of the Carbon Price legislation on landfills. A reduction is proposed and, if endorsed, these changes will be included in the final version of the 2012/13 budget presented to Council for adoption.

Policy Context


City of Greater Bendigo Council Plan 2009–2013

People and Processes

Strategy 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.


In May 2012 Council was advised that the City of Greater Bendigo was predicted to become a liable entity under the Clean Energy Futures Act (the Act) as of 1 July 2012. This advice was based on the National Greenhouse and Energy Reporting Scheme (NGERS) Solid Waste Emissions Calculator which suggested that the Eaglehawk Landfill would emit more than 25,000 tonnes of Carbon Dioxide Equivalent (CO2-e) within the next financial year.

At around the same time, in response to a formal request from the Clean Energy Regulator, a letter was sent advising that the City expected to be a liable entity in 2012/13.


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In accordance with the principles of full cost recovery for waste services and intergenerational equity, the anticipated financial liability on the City as a result of being a liable entity was then calculated and included in both the schedule of fees and chargesadopted in May 2012 and the proposed 2012/13 budget. Following investigation, for the same reason the calculations also included an allowance for an increase in gate fees at the privately owned Ellwaste facility at Patho currently used by Council's contractor Wheelie Waste.

Based on federal government predictions and advice from industry about likely Australian Carbon Credit Unit (ACCU) prices, rates of $23 and $24 per tonne of carbon were allowed in these calculations for waste deposited at Eaglehawk and Patho landfills respectively. These rates were applied in the formula:

Waste Category volume x emissions factor x gas efficiency rating (%) x Australian Carbon Credit Unit (ACCU) price = predicted liability.

The consequent additional cost to bury 47,000 and 43,000 tonnes of waste at each landfill was predicted to be $614,100 and $1,032,000. The significant difference in the predicted liability reflects that a gas capture system already operates at Eaglehawk landfill whereas no such technology currently exists at the Patho facility.


On 2 May, 2012 Council adopted the Annual Fees and Charges for 2012/13.

On 30 May, 2012 Council resolved to give notice of its intention to adopt the proposed Annual Budget for 2012/13.

Report

Eaglehawk Emissions

In early June a consultant was engaged to audit and review the information that had been used to populate the NGERS Solid Waste Emissions Calculator. While it was found that the data used was accurate to the extent that it was known, it was identified that the calculator was making large assumptions about past levels of waste deposits on the basis of the more recent activity. In doing so, it was identified that if more complete data sets and historical information could be found, the predicted levels of current carbon generation would reduce.

The Environment Protection Agency provided significant assistance in this regard by uncovering accurate waste deposit information going back to the early 1990's. This data, along with figures found in Council reports at the time the Eaglehawk facility became a regional landfill (circa 1988), enabled forecasting and back-casting from known data points to give a deposit history that is deemed appropriate for use in the calculator.

The calculations using this new data indicate that the predicted CO2-e emissions from the Eaglehawk landfill in 2012/13 are approximately 17,000t compared to the 25,900t previously calculated and the threshold of 25,000t.


PAGE 119

Further forecasting was then undertaken on the basis of the remaining airspace at the landfill and it is concluded that at no time in its remaining life will the threshold of 25,000t be exceeded. Accordingly, unless at some future point a change is made to the threshold, provision for a carbon liability at the Eaglehawk landfill is no longer deemed necessary.

Gate Fee at Patho Landfill

In mid June the City's waste cartage contractor, Wheelie Waste, forwarded advice from Ellwaste Pty Ltd that, commencing 1 July 2012, the landfill gate fees at its Patho facility would be increased by $20 per tonne as a result of the Clean Energy Futures Act.

While this remains a contractual matter to be formally resolved, an unforeseen change of this magnitude would normally give rise to a renegotiation of contract terms to acknowledge the increased operating cost that occurred beyond the contractor's control.

Although this will represent a significant increase in the cost of waste disposal at the Patho facility, this remains overall a cheaper option than disposing of waste at Deer Park due to the substantial difference in the EPA landfill levy currently attracted by each facility.

Assuming that the rate of $20 per tonne is accepted on the proposed 43,000 to be transported to Patho in 2012/13, the revised additional liability for use of that site as a result of the Act is $860,000.

Impact on Fees and Charges

As indicated above, of the 90,000 tonnes of waste that is predicted to be received through the gate at Eaglehawk Landfill in 2012/13, a carbon price of $20/tonne will apply to 43,000 tonnes at a cost of $860,000. The carbon cost averaged across waste expected through the gate at Eaglehawk is therefore $9.55/tonne compared with a previous average of $18.30/tonne. Accordingly it is considered appropriate to revise those fees and charges where a tangible change results and these are highlighted in red on the attached schedule.

Garbage Charge:

Similar to gate fees, the identified reduction in carbon price payable by Council results in a reduction to the Garbage Charge. The following adjustments and charges are now proposed for 2012/13:

Reduce 140 litre bin charge by $5.33 making the proposed new charges $123 (rounded)

Reduce 240 litre bin charge by $9.14 making the proposed new charges $210 (rounded)


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Commencement Date:

To assist customers to adjust to impending new waste disposal fees, normal practise at the Eaglehawk landfill has been to advertise these for a minimum of two weeks before being implemented. Due to recent uncertainty about the carbon price component this has not yet occurred for the 2012/13 fees.

Accordingly, to allow time to advertise the new fees it is proposed that the 2011/12 fees remain in place until 31 July 2012.


Internal Consultation:

Presentation and Works - Predicted waste types and volumes, Council charge, gate fees and cartage contract.

Management Accounting - Implications for budget development.

Sustainable Environment - Carbon calculations and price.

External Consultation:

Wheelie Waste cartage contractors - Confirmation of gate price at Patho Landfill.

Joe Pickin Blue Environment Consulting - Audit and review of information used in NGERS Solid Waste calculator.

Office of the Clean Energy Regulator - Discussion and direction on determining data.


Budget Implications:

Expenditure:

The expenditure of $614,100 allowed in the proposed budget for 2012/13 relating to carbon price liability for Eaglehawk Landfill is no longer required.

The expenditure of $1,032,000 allowed for waste carted to Patho has been reduced to $860,000 as a result of the anticipated reduction in carbon price from $24/tonne to $20/tonne.

Revenue:

The proposed changes to the fees and charges arising from the reduction in expenditure outlined above results in a corresponding reduction in revenue as follows:

Garbage Charge - Reduction of $135,392 for 140L bin collection and a reduction of $196,930 for 240L bin collection.


PAGE 121

Fees and Charges - Reduction of $490,000.

Conclusion

The precise impacts of the new Clean Energy Futures Act on the City's waste services have proven complex to establish in the short timeframe available before Council had to adopt its fees and charges for the coming year and to establish a draft budget.

Significant further investigation and analysis has occurred in the past month and on the basis of the findings, it is considered appropriate to amend various waste related fees to reflect the current knowledge. These amendments will result in lower fees and charges for waste management services in 2012/13 than had previously been nominated.

Attachments

1. Revised Waste Fees and Charges Spreadsheet

RECOMMENDATION

That Greater Bendigo City Council:

1. Retain the 2011/12 Fees and Charges pertaining to all landfill operations until 31 July 2012.

2. Adopt the revised Fees and Charges pertaining to waste services for 2012/13, effective from 1 August 2012 as per Attachment 1.

3. Endorses inclusion of the following revised Garbage Charges into the final 2012/13 budget paper for consideration by Council:

140 litre bin charge - $123 240 litre bin charge - $210

Cr Cox declared a conflict of interest (indirect financial interest) in the Built and Natural Environment Report No. 2.11 (Revised Landfill Fees Due to Carbon Price Legislation), as he is an employee of Future Employment Opportunities who operate the recycling facility at the landfill on behalf of the City of Greater Bendigo.

Cr Cox left the meeting.


PAGE 122

RESOLUTION

Moved Cr Fyffe, Seconded Cr Phillips.


CARRIED

Cr Cox returned to the meeting.


PAGE 123

Assets & Presentation Fees and Charges Schedule 2012/2013

Nature of Service for which the Fee or Charge is Made

Unit of Measure

Statutory (S) or Council (C) Fee or Charge

GST Status

(F) Free (T)

Taxable

2010/11 Fee or Charge inc.

GST


GST

Proposed 2012/2013 Fee or Charge inc.

GST

% Change2011/12 and

Proposed 2012/13

WASTE SERVICES

Eaglehawk Landfill

Domestic Garbage Bag each C T 0.50 1.00 1.50 50.00

Computer monitors/televisions each C T 5.00 10.00 10.00 0.00

Car Only Load C T 11.00 15.00 17.00 13.33

Trailer, Ute, Van Load C T 19.00 26.00 29.00 11.54

Tandem Load C T 34.00 47.00 53.00 12.77

Domestic Concrete Load C T 40.00 48.00 50.00 4.17

Domestic Asbestos Load C T 40.00 48.00 62.00 29.17

Green, Car Only Load C T 7.50 10.00 6.00 -40.00

Green, Trailer, Ute, Van Load C T 14.00 20.00 10.00 -50.00

Green, Truck, Tandem Load C T 21.00 32.00 19.00 -40.63

Green Commercial Tonne C T 37.00 50.00 55.00 10.00

Industrial, Commercial Tonne C T 97.00 126.00 141.00 11.90

Building Rubble Tonne C T 97.00 126.00 141.00 11.90

Clean Concrete Tonne C T 40.00 48.00 50.00 4.17

Asbestos Tonne C T 180.00 200.00 210.00 5.00

Car Bodies Each C T 20.00 25.00 25.00 0.00

LL Contaminated Soil Tonne C T 150.00 180.00 200.00 11.11

Car Tyres Each C T 5.00 6.00 6.00 0.00

Light Truck Tyres Each C T 9.00 10.00 10.00 0.00

Truck Tyres Each C T 20.00 20.00 20.00 0.00

Tractor Tyres Each C T 45.00 50.00 50.00 0.00

Other Tyres Each C T POA POA POA POA


PAGE 124



Unit of Measure


GST Status

(F) Free (T)

Taxable


GST


GST


GST

% Change2011/12 and

Proposed 2012/13

Fridges /Airconditioners/Freezers Each C T 15.00 15.00 15.00 0.00Goornong/Strathfieldsaye Transfer Stations

Domestic Garbage Bag Domestic Bag C T 0.50 1.00 1.50 50.00

Car Boot Car Boot C T 11.00 15.00 17.00 13.33

Trailer/Ute/Van Load Trailer etc. C T 19.00 26.00 29.00 11.54

Fridges /Airconditioners/Freezers Each C T 15.00 15.00 15.00 0.00

Computer monitors/televisions each C T 5.00 10.00 10.00 0.00Increases relate to increases in the EPA Levy of $10 per cubic metre and landfill operating costs

WASTE SERVICES

Heathcote Landfill

Garbage Bag Each C T 0.50 1.00 1.50 50.00

Car Only Load C T 11.00 15.00 17.00 13.33

Trailer, Ute, Van Load C T 19.00 26.00 29.00 11.54

Tandem Trailer Load C T 34.00 47.00 53.00 12.77

Green, Car Only Load C T 7.50 10.00 6.00 -40.00

Green, Trailer, Ute, Van Load C T 14.00 20.00 10.00 -50.00

Green, Truck, Tandem Load C T 21.00 32.00 19.00 -40.63

Green Commercial Cubic Metre C T 10.00 25.00 28.00 12.00

Industrial, Commercial Cubic Metre C T 50.00 60.00 78.00 30.00

Car Bodies Each C T 20.00 25.00 25.00 0.00

Car, Ute Tyres Tyre C T 5.00 6.00 6.00 0.00

Light Commercial Tyres Tyre C T 10.00 10.00 10.00 0.00

Truck Tyres Tyre C T 20.00 20.00 20.00 0.00

Tractor Tyres Tyre C T 45.00 50.00 50.00 0.00


PAGE 125



Unit of Measure


GST Status

(F) Free (T)

Taxable


GST


GST


GST

% Change2011/12 and

Proposed 2012/13

Other Tyres Tyre C T POA POA POA POA

Fridges /Airconditioners/Freezers Each C T 15.00 15.00 15.00 0.00

Computer monitors/televisions each C T 5.00 10.00 10.00 0.00

Economic Development/Community and Culture - Reports Ordinary Meeting (Minutes) - 04 July 2012

PAGE 126

3. ECONOMIC DEVELOPMENT

Nil.

4. COMMUNITY AND CULTURE

Nil.

Our People, Our Processes - Reports Ordinary Meeting (Minutes) - 04 July 2012

PAGE 127

5. OUR PEOPLE, OUR PROCESSES

5.1 ACCOUNTS PAYABLE AND CONTRACTS AWARDED UNDER DELEGATION


Author Janet Worthington, Accounts Payable OfficerLeeanne Taig, Administrative Assistant, Contract and ProjectCoordination Unit

Responsible Marg Allan, Director Organisation SupportDirector

Summary/Purpose

The purpose of this report is to provide information on accounts payable issued under delegation.

Policy Context

Provide high quality professional services by undertaking responsible business planning to ensure long-term sustainability.

Report

Cheque Nos. 154502 to 154676 $ 1,751,613.94

Electronic Funds Transfer 084921 to 085845 $ 17,340,400.53

The pre-payments as listed above totalling $1,751,613.94 and Electronic Funds Transfer $17,340.400.53 are submitted for the information of Council.

Contracts Awarded under Delegation

The following contracts subject to public tender, have been issued under delegation by the officer as listed (Instrument of Delegation - August 5, 2009):


PAGE 128

Attachments

1. A listing of the cheques and electronic funds transfer are included in the attachments to the Business Paper.

RECOMMENDATION

That the Delegated Authority for Accounts Payable and Contracts, as outlined in this report, be endorsed by Council.

RESOLUTION

Moved Cr Phillips, Seconded Cr Reade.


CARRIED

Contract No

ProjectSuccessful Contractor

Value (GST Excl)

Delegated Officer

Date Signed

2026Provision of Security Services

North State SecuritySchedule of Rates

Craig Niemann

25/05/2012

2557Provision of Loan Borrowings

National Australia Bank (NAB)

Loan RatesCraig Niemann

4/06/2012

2529Irrigation Maintenance Service

Aussie Irrigation

The Trustee for Comer Family Trust

Schedule of Rates

Darren Fuzzard

12/06/2012

2523Sale of 96 Pall Mall & 202 Hargreaves Street

Colliers International 53,718.00Richard Morrison

15/06/2012


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5.2 RECORD OF ASSEMBLIES OF COUNCILLORS


Author Peter Davies, Manager Executive Services

Responsible Craig Niemann, Chief Executive OfficerOfficer

Summary/Purpose

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

Policy Context

An amendment to the Local Government Act 1989, which came into effect on September 24, 2010, requires the record of any assembly of Councillors to be reported to the next practicable Council Meeting and recorded in the Minutes.


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. A planned or scheduled meeting that includes at least half the Councillors (5) and a member of Council staff; or

2. an advisory committee of the Council where one or more Councillors are present.

The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.

Report

Outlined below are the details of assemblies of Councillors held since the last meeting.


PAGE 130

Meeting InformationMeeting Name/Type

Natural Environment Advisory Committee

Meeting Date Tuesday 5 June 2012Matters discussed 1. Big Hill and Mandurang Valley Landscape Assessment

Project2. Adaptive Stormwater Management in Bendigo and Castlemaine

3. Letter to Minister Peter Walsh re Gazania4. NEAC Planning5. Cairns Environment Report6. Native Vegetation Management7. Planning Scheme Amendment C131 (Composting facility at Bagshot)

Attendees/ApologiesCouncillors Cr Keith ReynardStaff/Community Representatives

Lydia FehringWendy RadfordAnthony SheeanRobyn MajorPetina BlackwellMurray RankinDennis BerlowitzApologies:David ConleyJodie Odgers

Conflict of Interest disclosuresMatter

No.Councillor making disclosure Councillor left meeting


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Councillors' Forum

Meeting Date Wednesday May 30, 2012Matters discussed 1. Failure to pay rates

2. Regent Park3. Central Victorian Greenhouse Alliance4. Theatre project consultation meeting5. Beehive building6. Gatt sealing7. Access to Central Bendigo from the west of the city8. Closure of Bendigo Bakery - Mayfair Park9. Safe Transport Space10. Ironstone Road retardation basin11. Heinz Street neighbourhood dispute12. Outdoor dining barriers

Attendees/ApologiesCouncillors Cr Alec Sandner

Cr Rod FyffeCr Rod CampbellCr Peter CoxCr Barry LyonsCr Bruce PhillipsCr James ReadeCr Keith ReynardCr Lisa Ruffell

Staff/Community Representatives

Craig NiemannPauline GordonStan LiacosRobyn MajorAndrew LyonsSusannah MilnePeter DaviesNeal WrigleyAlison CampbellApologies: Marg Allan, Prue Mansfield, Darren Fuzzard



Yes / No


PAGE 132


Councillors' Forum

Meeting Date Wednesday June 6, 2012Matters discussed 1. Hearing of public submissions on the Council Plan

2. Planning matters and draft Ordinary Meeting agenda review3. Violence Prevention Plan4. Eaglehawk Structure Plan5. McGlashans Road petition6. Design and creek investigation and stormwater harvesting at Bendigo Botanic Gardens7. Wellsford Estate8. East Bendigo Industrial Road Land Acquisition9. Emergency accommodation10. NBN rollout11. Policy on planning consultation12. Motions on the budget13. Bicycle event14. Composting facility at Bagshot15. Natural Environment Advisory Committee16. Vandalism report17. Star cinema18. Mechanics Institute19. Quonset huts20. Discount for early payment of rates21. Customer requests22. Epsom Primary School23. Car park development24. Theatre development25. End of Grace Kelly exhibition26. Catering contract (Bendigo Town Hall/Capital)


Cr Rod FyffeCr Rod CampbellCr Peter CoxCr Barry LyonsCr Bruce PhillipsCr Keith ReynardCr Lisa RuffellApologies: Cr James Reade


Craig NiemannStan LiacosRoss DouglasRobyn MajorDarren FuzzardPauline GordonPeter Davies


PAGE 133

Alison CampbellApologies: Marg Allan, Prue Mansfield




Onsite meeting to discuss planing application DU/891/2011 -Proposed Victory College Campus (193-197 Wattle Street, Bendigo)

Meeting Date Tuesday June 12, 2012Matters discussed 1. Planning application DU/891/2011 - Proposed Victory

College Secondary Campus at 193-197 Wattle Street, Bendigo


Cr Rod CampbellCr Peter CoxCr Barry LyonsCr Lisa Ruffell


Chris DuckettEmilie JohnstonAlison CampbellApplicantObjectors



Yes / No


PAGE 134


Bendigo Airport Advisory Committee

Meeting Date Tuesday June 12, 2012Matters discussed 1. Advisory Committee term report

2. Business Park Design update3. Runway Design update4. General project discussion5. Airport lighting6. AFRU beep back message7. Airport usage data8. Issues raised by Flying Club

Attendees/ApologiesCouncillors Cr Lisa Ruffell

Apology: Cr Alec SandnerStaff/Community Representatives

Jack MooreBrian GouldBridget ConroyKen BelfrageMatthew LawrenceRob JarvisChris GobelRay WaltersSteven MusgroveApologies: Stan Liacos, Neil Sammons



Yes / No


PAGE 135


Farming Consultative Committee

Meeting Date Tuesday June 5, 2012Matters discussed 1. Planning application - construct of dwelling at Redcastle

2. Rural Support update3. Rural Support Coordination position4. Resignation of Committee Member, Jo Millard5. Response time for customer requests6. Rural roads7. Review of membership and terms of reference8. Rural Men's Shed update9. Representation on Big Hill/Mandurang Valley Landscape Assessment Committee10. Sustainable Farms Families Program11. Update on Bagshot re provision and maintenance of back road access to farming properties - deferred to next meeting12. Rural Policy issues

Attendees/ApologiesCouncillors Cr Alec Sandner, Cr Rod Campbell

Apology: Cr Bruce PhillipsStaff/Community Representatives

Jenny PendleburyDebbie ThewlisEmilie JohnstonRowland McKinnonJim LongBernie MannesRoger TrewickJohn McKinstryApologies: Pauline Gordon, Harry Holmberg, James Williams, Brian Stephens



Yes / No

RECOMMENDATION

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

RESOLUTION


That the recommendation be adopted.CARRIED


PAGE 136

5.3 RETURN OF VALUATIONS FOR RATING PURPOSES


Author Vince Braybrook, Senior ValuerWayne Forbes, Manager Valuations

Responsible Marg Allan, Director Organisation Support

Director

Summary/Purpose

This report recommends that Council adopt the new valuations returned in respect of all rateable properties in the municipality.

Policy Context

Council Plan 2009 -2013 (2012) states: 4.1 Delivery of responsible financial management and business planning practices to

ensure long term sustainability.

Report

Background

Every two years, all Victorian Councils are required to re-assess the property values in their municipality to take market changes into account. The revaluation is performed in accordance with all relevant Acts, in particular the Local Government Act 1989 and theValuation of Land Act 1960, as well as the Valuer-General Victoria’s Valuation Best Practice 2012 Specifications Guidelines.

The City of Greater Bendigo's Valuation Unit has completed the revaluation of all rateable properties within the municipality as at the date of valuation, 1 January 2012, in compliance with the Acts and Guidelines and returned it in the prescribed form to the Valuer General Victoria.

The data which constitutes the valuation return is used by City of Greater Bendigo primarily for rating purposes. Some key valuation statistics from the valuation returned to the Valuer General as at 1 July 2012 are set out in the table below.


PAGE 137

Property TypeNo of

Assessments Total 2010 CIV Total 2012 CIV%

increase

Residential 48086

11,652,548,500

13,488,559,000 15.76%

Commercial 2496

1,670,278,500

1,726,000,500 3.34%

Industrial

1,071

465,210,000

531,820,000 14.32%

Rural 931

447,703,000

527,272,000 17.77%

TOTAL 52,583 14,235,740,000

16,273,651,500 14.32%

City of Greater Bendigo uses the Capital Improved Value for rating purposes. Rates to be levied by the Council for the year 2012/2013 have been based on the new valuations completed as at the valuation date of 1 January 2012.

The revaluation task has been completed, and waiting certification as generally true and correct by the Valuer General, and approved by the Minister for Environment and Climate Change. The process of final certification can only proceed after adoption of the valuation by Council. The new valuations can be formally adopted by Council for the purpose of declaring rates and charges for 2012/2013.


The cost of the revaluation of all rateable properties which has taken place over the past two years is covered by budget allocations each year. The State Revenue Office uses the Council’s valuation for Land Tax assessments and reimburses a percentage of costs as set out in a memorandum of understanding. The claimed reimbursement for the 2012 level revaluation is $464,000.

Inquiries and Objections to the Valuations

In the years that a new valuation is implemented for rating purposes, a higher number of inquiries and objections to individual property valuations are made. The statistics below show that over the last three revaluation periods the total number of inquiries and objections has reduced with each revaluation year, (even year), and a further reduction in the year of subsequent use. A significant part of the spike in 2010/2011 objections was directly related to financial stress with rising costs, and economic uncertainty.

Revaluation Year Inquiries Objections TOTAL

2006/07 706 98 8042007/08 191 17 2082008/09 434 104 5382009/10 162 35 1972010/11 325 155 4802011/12 114 41 155


PAGE 138

RECOMMENDATION

That the Greater Bendigo City Council:

1. adopt the new valuations as at 1 January 2012 of all rateable properties in the municipality.

2. approve the use of the new valuations for rating purposes commencing with the 2012/2013 financial year.

3. approve the return of the valuations to the Minister for Environment and Climate Change, pursuant to Section 7AF of the Valuation of Land Act 1960.

RESOLUTION

Moved Cr Fyffe, Seconded Cr Lyons.


CARRIED


PAGE 139

5.4 ADOPTION OF ANNUAL FEES AND CHARGES FOR 2012/2013


Author/Responsible Marg Allan, Director Organisation SupportDirector

Summary/Purpose

To adopt the additional Fees and Charges related to Environmental Health and Building Services the 2012/2013 financial year.

Policy Context

Council Plan 2009-2013 (2012):

4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.


The proposed Fees and Charges for 2012/2013 of the City of Greater Bendigo were adopted at the Council meeting of 2 May 2012. There are additional fees required to be adopted, and the subject of this report.

Report

Environmental Health and Local Laws

Non-Compliant Temporary/Mobile Premise Event Inspection Fee – This fee replaces the previous Major Event fee that was charged to event organisers to cover the cost of the Environmental Health Officer inspection and administrative charges. The Unit acknowledges the wider community benefit that major events bring, as such food vendors are inspected on the first occasion and if follow up inspections are required due to non compliance then the vendor must pay the fee rather than to the event organiser bearing the cost.

Major Non-Compliance Premise Inspection Fee – This fee was previously known as afollow up (third) inspection fee where $150 was charged. A true cost analysis of the time taken to undertake follow up non-complying premises was undertaken and found to be a significantly higher cost to City of Greater Bendigo. This fee is to be charged on the third follow up and any following inspections.


PAGE 140

Minor Non-Compliance Inspection Fee – This fee reflects where the third follow up inspection may be for some minor matters and as such a cost analysis to reflect a fair fee for service is determined.

Follow Up Non-Compliant Food Sampling – Food sampling is required to be undertaken as a statutory process. Sampling tests the quality and safety of food prepared and sold within the municipality. Where a food sample fails, education and re-sampling is undertaken to ensure compliance. If a sample fails a third time it is proposed that the proprietor pays for the cost of that sampling and any other subsequent tests similar to the third inspection approach.

In summary the proposed fees have been amended to show cost recovery of the service provided in line with the compliance policy, which reflects that non-performers pay for the regulatory burden rather than the community.

Hire of thermometers to community groups fee - This is a refundable fee that allows community groups to hire thermometers for events and return to City of Greater Bendigo.

Building Services

The Building & Property Unit has been charging for illegal building works in four fee categories:

Pools and/or Fences Small Sheds Extensions to dwellings etc For all other illegal building works outside the above 3 categories

This regime has limited the City of Greater Bendigo's ability to ensure community safety and reasonably cover costs to follow through rectification of illegal building works.

Therefore, additional categories have been created and the existing fees are proposed to be increased.

Attachments

1. Additional 2012/2013 Fees and Charges for Environmental Health and Building Services

RECOMMENDATION

That Council adopt the additional Fees and Charges relating to Environmental Health and Building Services for 2012/2013, effective from 5 July, 2012.


PAGE 141

Cr Phillips declared a conflict of interest (indirect financial interest) in the Our People, Our Processes Report No. 5.4 (Adoption of Annual Fees and Charges for 2012/2013), as he owns and operates a bed and breakfast that is affected by the fees and charges.

Cr Phillips left the meeting.

RESOLUTION



CARRIED

Cr Phillips returned to the meeting.


PAGE 142

Planning & Development Fees and Charges Schedule 2012/2013

Nature of Service for which the Fee or Charge is MadeUnit of

Measure

Statutory (S) or

Council (C) Fee

or Charge

GST Status

(F) Free (T)

Taxable

2010/11 Fee or Charge

inc. GST

2011/2012 Fee or Charge

inc. GST

Proposed 2012/2013

Fee or Charge

inc. GST

% Change2011/12

andProposed 2012/13

ENVIRONMENTAL HEALTH

Food Act

Non-Compliant Temporary/Mobile Premise Event Inspection Fee Each S F 50.00 New

Major Non-Compliant Premise Inspection Fee Each S F 150.00 220.00 46.67

Minor Non-Compliant Premise Inspection Fee Each S F 150.00

25% annual renewal

fee

Follow Up of Non-Compliance Food Sampling Each C F 150.00 New

Hire of Thermometers to Community Groups Each C F 15.00 New

BUILDING SERVICES

Illegal Building Works

Pool Fence Application C T 450.00 New

Basic Pool and Pool Fence Application C T 800.00 New

Small Sheds (under 50 m²) Application C T 800.00 New

Sheds (51 to 200 m²) Application C T 1750.00 New

Sheds (201 to 600 m²) Application C T 2000.00 New

Sheds (greater than 600 m²) Application C T POA New

Verandas and Carports Application C T 1200.00 New

Internal alterations and additions (under 12 m²) Application C T 1500.00 New

Additions, Extensions, Alterations to Dwellings Application C T 2500.00 New

Commercial Alterations and Additions Application C T POA New

Change of Use Application C T POA New


PAGE 143

6. URGENT BUSINESS

RECOMMENDATION

That Council consider a report on Local Authorities Superannuation Fund Defined Benefits Actuarial 31 December 2011 as a matter of Urgent Business.

RESOLUTION

Moved Cr Fyffe, seconded Cr Reade.


CARRIED

6.1 LOCAL AUTHORITIES SUPERANNUATION FUND - DEFINED BENEFITS ACTUARIAL 31 DECEMBER 2011


Author Travis Harling, Manager Finance

Responsible Pauline Gordon, Director Community WellbeingOfficer

Summary/Purpose

The purpose of this report is to brief Council of a significant financial issue. The extent of the issue has been bought to officer's attention on 2 July 2012 by the MAV relating to the LASF Defined Benefits Superannuation Plan.

The Plans total shortfall is between $450-$460 million dollars (plus 15% contributions tax) as at the 31 December, 2011. The Plan includes Victorian councils, library corporations, water authorities, crematoria, cemetery trusts and MAV employees.

The shortfall and aggregate for Councils is approximately $400 million (plus 15% contributions tax).

Policy Context

The CEO and Acting Director Organisation Support (Peter Davies) have declared that they are contributors to the Defined Benefits Scheme. Those involved in the presentation of this report to Council have declared that they are not contributors to the scheme.


PAGE 144

Council Plan Reference: 4.1 Delivery of responsible financial management and business planning practices to ensure long term sustainability.


The Local Authorities Superannuation Fund (LASF), known as Vision Super since 2002, is a not-for-profit industry fund for Victorian local government. Vision Super is the Trustee of both the Defined Benefit Plan (closed since 1993) and the Super Saver (accumulation) fund.

The Local Authorities Superannuation Fund Defined Benefits Plan was compulsory for all councils when it was set up by the State Government in 1982. The plan (now operated by Vision Super) covered employees of local government, certain water authorities and certain other government and semi-government authorities within Victoria. It has been closed to new members since 31 December 1993. Only those who were employed prior to this time, and who have remained employed by an Authority since that time, are members. At that time, the employer contribution also decreased from 13.25% to 9.25%.

Under the defined benefits plan entitlements are calculated according to pre-determined or ‘defined’ formulas. Unlike many other superannuation plans, entitlements are not directly linked to the contributions paid to the Fund, or investment returns. The formula used to calculate benefits follows:

Years of membership x Benefit Multiple x Adjusted final salary.

The components in the formula may be slightly different, depending on the reason for leaving service, the period to which that service relates, whether members have ever worked part-time, or taken leave without pay, and a number of other factors.

When the plan closed legal agreements were put in place, including State Government legislation (Public Sector Superannuation (Administration) Act 1993) that requires the fund to be fully-funded until the last person or their spouse no longer draws on the fund. The responsibility was transferred to the Commonwealth Government in 1998 under the Superannuation Industry (Supervision) Act 1993.

Defined Benefit plans provide a prescribed retirement benefit based on how many years an employee has been a scheme member and their salary at retirement. They also require the employer, rather than employees, to shoulder the investment risk. This is in contrast to accumulation schemes, which are the norm today.

When the State Government set up the defined benefit plan in 1982, it was compulsory for all councils.

All levels of government in Australia have at some time offered benefit plans as an incentive for employees otherwise attracted by the higher salaries and employment conditions offered in the private sector.

Local Government's defined benefit plan must have sufficient funds to meet the benefits owed to members now and in the future, through a combination of authority contributions, member contributions and the fund's investment returns.


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Neither the federal nor state governments are required to fully fund their defined benefit plan liabilities.

In accordance with regulations of the Australian Credential Regulation Authority, Trustees are required to complete an actuarial review of superannuation funds at least every three years to ensure the current assets are adequate to meet benefits that have previously been promised to members.

If the result of the actuarial shows there are is a funding shortfall in the fund, the Trustee of the fund requires a lump sum funding call from members (Councils) to the fund to bring the fund back to funding requirements.

These shortfalls are the legacy of a closed superannuation plan. Many factors such as rates of inflation, investment returns, pensioner mortality, employee resignations and retirements are beyond the performance or control of any individual council or the Trustee.

As a result of prior actuarial reviews being carried out, shortfalls have been identified andfunding calls have been made.

Of the funding calls made the CoGB's contribution each time has been:

1998 $6.87 million ($321 million shortfall, replacing previous 4% surcharge)2003 $2.9 million ($127 million shortfall - global financial crisis)2010 $1.9 million ($71 million shortfall - continuation of global financial crisis)


December 1998

In December 1998 there was an Actuarial Call. This call was largely the result of Council amalgamations and the large number of employees who left the industry. Council borrowed $6,870,000 to fund its share of the Actuarial Call. The term of the loan was 10 years, half yearly repayments and an interest rate of 5.95%. This loan has been fully repaid.

December 2002

In December 2002 there was an Actuarial Call. Council borrowed $2,900,000 to fund its share of the Actuarial Call. The term of the loan was 3 years, monthly repayments and an interest rate of 5.28%. This loan has been fully repaid.

February 2010

In February 2010 there was an Actuarial Call. Council did not borrow to fund its share of the Actuarial Call. The $1,900,000 was paid from general cash reserves.


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Report

Information provided by the MAV on 2 July 2012 confirms that the aggregate Defined Benefit Plan shortfall for the Victorian local government sector is expected to be approximately $400 million (plus 15% contributions tax).

Based on historical calculations the CoGB's share of the shortfall is estimated to be between $10 and $11 million. This amount does include interest should CoGB elect to pay the contribution on the 1 July 2013. This is has not been confirmed by Vision Super it is an estimate compiled by senior management based on previous calls.

Historically funding calls have been based on the share of LASF Defined Benefit Superannuation scheme members at the time of the fund closing on the 1st January 1994.

Individual Council contributions are still unknown and won't be confirmed until the Trustee's auditor (Ernst & Young) have signed off both the actuarial review and the proposed methodology (this process is underway).

It is likely the details will be available sometime in July and the MAV are working with Vision Super to ensure they provide Councils with contributions as soon as possible.

With Vision Super releasing information in July this will see the need for the accounting treatment of the contribution to be accounted for in the current 2011-12 financial year. This is the accounting (book) entry, the cash payment won't take place until a later date. Should the CoGB's contribution not be confirmed at the time of the accounts being signed (late September) off a contingency will be included in the 2011-12 accounts recognising the call (will not include a monetary amount).

Vision Super has indicated no payment will be required in the 2012-13 financial year. Although steps will need to be taken to ensure the payment can be made on the 1st

July 2013.

Although Vision Super is not requiring payment until the 1st July 2013, Councils who pay early, during the 2012-13 financial year will receive a discount. CoGB paid the 2010 call early and received a discount of $57,541 on $1,900,000. Officers will be in contact with Vision Super immediately after confirmation of the amount due is known to confirm a discounted early payment balance. Should CoGB take up the early payment option, the payment will be required to be paid in the 2012-13 year.

A further report on funding options will be prepared once all information is confirmed from Vision Super CoGB officers are able to consider the impact and recommend an outcome to fund the liability with minimising the impact on service delivery and rate increases.

Priority/Importance:

This report is considered a high priority, as Councillors must be aware that a funding option must be selected to ensure CoGB makes the 1 July 2013 contribution deadline.


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Risk Analysis:

The potential risk to the CoGB and local government in general is significant.

Council's long term financial planning will be weakened as a result of the issue, entering into further debt to make the funding call will reduce CoGB's capacity to borrow funds.

It is expected, backed up by the history of the fund, that future calls will be made on local government to fund shortfalls of the LASF defined benefits superannuation scheme. Depending on how the CoGB settles the current pending liability, in combination with possible future calls by the scheme, will force the CoGB to pay significant instalments (repayments) to the fund or financing institutions to pay its share of the schemes shortfall. The higher than expected instalments/repayments could hamper the CoGB's ability to deliver future services at required levels.


There have been a number of discussions at Council's Finance Committee about this matter and the likelihood of a contribution, but it is only now that the amount of the contribution has become clearer.

It is important that this financial issue be communicated to the broader community as there are implications for community expectations for delivery of projects and services. A communications plan is being developed


Due to the lack of accurate information provided by Vision Super so far it has not been possible to complete accurate financial modelling of the impacts if the amount paid by the CoGB is in the vicinity of $10-11 million.

It is clear that the financial impacts will be significant, not only to the CoGB but for local government and other sectors who are members of the Defined Benefit Superannuation Plan.

Initial indications from the MAV indicate the call is not due and payable until 1 July 2013. However, interest will be charged on the funding call from the time CoGB is notified of the call and the call is made. Management are expecting to be notified in July 2012 of CoGB's funding call.

Should CoGB elect to pay the call on the 1st July 2013, contributions tax of 15% will also be payable on the interest charge.

Conclusion

The last CoGB financial report was presented to the Finance Committee as at the 31 May 2012 which provided an overview of the organisation's financial performance.


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This report has outlined a major financial issue that has been recognised since CoGB's last financial reporting framework and the issue is currently being addressed by management.

RECOMMENDATION

That a report be prepared for Council on options for addressing the call from Vision Super as soon as practical after all of the facts are known.

MOTION

Moved Cr Cox, Seconded Cr Campbell.

That in order to address the call from Vision Super in regard to the Local Authorities Defined Benefits Superannuation Fund:

1. Council request an urgent meeting with the State Minister for Local Government and the Federal Minister for Finance and that a letter stressing the seriousness of the matter to the Prime Minister, the Premier, relevant Minister and all Members of Parliament in the Bendigo region.

2. That Council write to the Municipal Association of Victoria to request that it strongly represent member Councils in regard to this matter.

3. That a report be prepared for Council on all options to address the issue and that the report be prepared in relation to the current draft budget.

CARRIED


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7. NOTICES OF MOTION

Nil.

8. COUNCILLORS' REPORTS

Cr Phillips reported on his attendance at a meeting of the Golden Dragon Museum; attendance at the Epsom Huntly Lions Club Dinner; attendance at the Epsom Huntly Regional Recreation Reserve Pavilion opening.

Cr Cox acknowledged NAIDOC Week and attended a number of related ceremonies; attendance at the Out of the Box Toy Library at Maiden Gully; attendance at the opening of the Truscott Reserve Stadium; attendance at the opening of the new home for Our Place at the St Peter's Church site in Eaglehawk and his attendance at the Eaglehawk Dahlia and Arts Annual General Meeting.

Cr Lyons reported on his attendance to a number of resident concerns; attendance at the opening of the Truscott Reserve Stadium; attendance at the Finance and Audit Committee meetings; attendance at a Tourism Board Meeting; attendance at a Dower Park Meeting; attendance at the Dance Eisteddfod at Kangaroo Flat.

Cr Campbell reported on a visit to Castlemaine for a not-for-profit housing facility inspection; attendance at the launch of 100 years of Braille; attendance at the opening of the Heathcote Community Hub; attendance at the opening of the new facility for Our Place in Eaglehawk; attendance at the Lions Club Dinner at Heathcote; visited the Golden Gurus Volunteers; attended a number of ceremonies and functions associated with NAIDOC Week.

Cr Fyffe reported on his attendance at the Grace Kelly Exhibition After Party (and the After After Party); attendance at the launch of the Motels' 'Phone App' for the Bendigo Motels' Association; attendance at the Leila Watson Memorial Music Championships -Bendigo Competitions.

Cr Reade reported on his attendance at the VATMI recycling facility tour; attendance at the Epsom Huntly Recreation Reserve Pavilion opening; attendance at a Shepparton Council Forum for young people interested in Local Government.

Cr Ruffell reported on her attendance at the Airport Advisory Committee Meeting; attendance to a number of resident concerns regarding drainage; attendance at a number of mediation meetings and attended Monsignor Marriott's anniversary celebration; attendance at the new opening of the new Our Place facility in Eaglehawk.


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9. MAYOR'S REPORT

His Worship the Mayor, Cr Alec Sandner, tabled a report on his attendance at the following meetings and events and highlighted that during his Mayoral term, he has officially opened five new pavilions:

• Attended interviews with Bendigo Advertiser, ABC Radio, WIN News and Phoenix FM. • Met with various residents and groups regarding a range of issues.• Attended the Central Victoria Municipalities Cluster Meeting.• Attended and officially opened the 'The Railways Time Machine' - celebrating 150 Years of

Rail in Bendigo Exhibition. • Participated in the 'turning the first sod' at a tree planting in the Civic Gardens for World

Elder Abuse Awareness Day followed by morning tea.• Attended the Official Opening of Advocacy & Rights Centre.• Attended and spoke at the official opening of Sign-a-Rama new premises.• Attended the Art Gallery Foundation Dinner. • Attended the National General Assembly Conference in Canberra (Sunday 17 – Wednesday

18 June).• Chaired the Presentation and Strategy Forum.• Attended the media tour - Edward Street car park and office complex.• Attended the appreciation of our volunteers and help us celebrate their wonderful

contribution to the Grace Kelly: Style Icon Exhibition.• Attended and spoke at the Grace Kelly After Party.• Met with the Hon. Damian Drum MP regarding the State Government budget cuts to Bendigo

TAFE.• Attended the grand opening of new premises for 'Our Place Community Assistance Centre'.• Attended the 50th Anniversary of Monsignor Frank Marriott Mass.• Attended and spoke at the official opening of the Truscott Reserve Pavilion.• Met with Ms Maree Edwards, Member of Bendigo West and representatives of the Bendigo

Pony Club.• Attended a meeting with representatives from the Legislative Council. • Attended the ‘Australian Opals’ Gallic Club Luncheon. • Attended and spoke at the Epsom Huntly Regional Recreation Reserve’s official opening of

the new major pavilion by the Hon. Hugh Delahunty.• Participated in promotion events for Bendigo Executive Director Sleep Out in the Hargreaves

Mall.• Attended the City of Greater Bendigo Finance Committee meeting.• Officially launched NAIDOC Week and participated in the Flag Raising Ceremony.• Attended the Flag Raising Ceremony at Department of Sustainability & Environment for

NAIDOC Week.• Officially launched the Phone App for Bendigo Motels Association.• Participated in media opportunity for welcome of Federal funding announcement with Mr

Steve Gibbons, Federal Member for Bendigo. • Met with the Hon. Matthew Guy MP, Minister for Planning. • Participated in media opportunity for renovations of old Bendigo Advertiser building for the

temporary library site.• Attended a video conference for the MAV Defined Benefits Superannuation Briefing.• Chaired the hearing of budget submissions meeting.


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10. CHIEF EXECUTIVE OFFICER'S REPORT

The Chief Executive Officer, Mr Craig Niemann, tabled a report on his attendance at the following meetings and events:

Participated in VicRoads Municipal Cluster meeting. Attended a media launch by Bendigo Health Foundation for the 2012 Bendigo Bank Fun Run. Attended the 2012 ALGA National General Assembly of Local Government held in Canberra

and on behalf of the Loddon Mallee RDA made a presentation at the Regional Cooperation and Development Forum.

Participated in the tour of VATMI recycling facility. Attended the media tour of the Edward Street car park. Attended VicRoads Municipal meeting. Attended function to recognise volunteers who assisted with the Grace Kelly Exhibition. Attended meeting with Damian Drum to discuss recent State Government budget cuts

relating to Bendigo TAFE. Attended Audit Committee meeting. Participated as MC at the opening of the Truscott Reserve Pavilion Attended meeting with representatives from Legislative Council to discuss the Legislative

Council Assembly being held in Bendigo in September. Attended information session regarding the Bendigo Football Club. Participated in radio and media interviews. Attended a Board Meeting of the Bendigo Trust. Participated as MC at the opening of the Epsom Huntly Regional Recreation Reserve

pavilion. Attended meeting with Minister Peter Walsh at the Central Deborah Gold Mine. Attended Southern Crime Prevention Reference Group meeting. Attended meeting of the Finance Committee. Attended meeting with the Bendigo Agricultural Show Society who provided an update on the

project.

Mr Niemann highlighted that the Mayor and he attended the National General Assembly of Local Government in Canberra and the Regional Cooperation and Development Forum.

Mr Niemann also advised that he is having continuing discussions with the Bendigo Trust and others regarding the dewatering of the Central Deborah Gold Mine.


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11. CONFIDENTIAL (SECTION 89) REPORTS

11.1 Personnel Matter and Contractual Matter

RECOMMENDATION

That the meeting be closed to the public to consider a report in accordance with Section 89(2)(a) and (d) of the Local Government Act 1989, as amended, relating to a personnel and a contractual matter.

RESOLUTION

Moved Cr Reade, seconded Cr Fyffe.


CARRIED

There being no further business, the meeting closed at 8:06 pm.

Confirmed:

July 25, 2012 Chairman


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