council agenda 25 november 2015

7/24/2019 Council Agenda 25 November 2015

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 25 November 2015

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

QUESTION TIME WILL BE LIMITED TO WRITTEN QUESTIONS RECEIVED BEFORE

12NOON ON THE DAY OF THE MEETING. THE QUESTIONS WILL BE READ BY A COUNCIL

REPRESENTATIVE AND ANSWERED BY THE MAYOR. THERE WILL NOT BE AN OPPORTUNITY

FOR QUESTIONS TO BE ASKED FROM THE FLOOR

VENUE:

Reception Room,Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:Wednesday 16 December 2015Bendigo Town Hall

Copies of the City of Greater Bendigo Council s Agendas& Minutes

can be obtained online atwww.bendigo.vic.gov.au
http://www.bendigo.vic.gov.au/http://www.bendigo.vic.gov.au/http://www.bendigo.vic.gov.au/http://www.bendigo.vic.gov.au/


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ouncil Vision

Greater Bendigo - Working together to be Australia's most liveable regional city.

ouncil Values

Council wants the community to continue to have reason to be proud of the city and willdo this through:

Transparency - Information about Council decisions is readily available and easilyunderstood;

Efficiency and effectiveness - Council provides services based on evidence ofneed and demonstrates continuous improvement in the delivery of services;

Inclusion and consultation - Council uses a range of engagement strategies toensure community members can understand and take part in discussion that

informs the development of new strategies and actions; Clear decisive and consistent planning - In a rapidly growing municipality, Council

undertakes to plan effectively for our long-term future; Respect for community priorities and needs - Council will advocate for improved

services for community members and will consider community impact andfeedback the decisions it makes.

Themes

1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance


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ORDINARY MEETING

WEDNESDAY 25 NOVEMBER 2015

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 10

2. PLANNING FOR GROWTH 11

2.1 STRATHFIELDSAYE TOWNSHIP EAST PRECINCT -

REVISED DEVELOPMENT PLAN FUNDING AGREEMENT

11

2.2 1-3 BANNERMAN STREET, BENDIGO 3550 - SUBDIVISION

OF LAND INTO 4 LOTS (IN STAGES), DEMOLITION OF

OUTBUILDINGS, PARTIAL DEMOLITION AND EXTENSION

TO EXISTING DWELLINGS AND CONSTRUCTION OF 2

DWELLINGS (SINGLE STOREY)

16

2.3 SOLDIERS MEMORIAL INSTITUTE REVITALISATION

PROJECT

35

3. PRESENTATION AND VIBRANCY 43

3.1 DOMESTIC ANIMAL MANAGEMENT PLAN 2016 - 2020 43

3.2 REVIEW OF LOCAL LAW NO 2 - KEEPING OF ANIMALS 61

3.3 REVISED ELMORE COMMUNITY PLAN 74

3.4 FUTURE MANAGEMENT AND OPERATION MALONEPARK

77


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3.5 DISABILITY INCLUSION REFERENCE COMMITTEE 88

3.6 HOME AND COMMUNITY CARE SERVICES UPDATE 99

4. PRODUCTIVITY 107

5. SUSTAINABILITY 108

5.1 AWARDING OF CONTRACT NO: CT000230 FOR SEALING

OF VARIOUS ROADS

108

6. LEADERSHIP AND GOOD GOVERNANCE 110

6.1 COUNCIL PLAN 2015-2016: FIRST QUARTER REPORT,

SEPTEMBER 2015

110

6.2 COUNCILLOR DISPUTE RESOLUTION 150

6.3 SUBMISSION TO THE MINISTERIAL ADVISORY

COMMITTEE INQUIRY INTO THE ENVIRONMENTPROTECTION AUTHORITY

155

6.4 FINANCIAL REPORT AS AT 30 SEPTEMBER 2015 159

6.5 2014/15 ANNUAL REPORT - GOLDFIELDS LIBRARY

CORPORATION

165

6.6 2014/15 ANNUAL REPORT - BENDIGO STADIUM LTD 175

6.7 RECORD OF ASSEMBLIES 181

6.8 CONTRACTS AWARDED UNDER DELEGATION 190

7. URGENT BUSINESS 191

8. NOTICES OF MOTION 191

9. COUNCILLORS' REPORTS 191

10. MAYOR'S REPORT 191

11. CHIEF EXECUTIVE OFFICER'S REPORT 191

12. CONFIDENTIAL (SECTION 89) REPORTS 191

12.1 Confidential Section 89 Report regarding a contractual

matter

191

12.2 Confidential Section 89 Attachment regarding a

personnel, industrial and contractual matter

191

12.3 Confidential Section 89 Attachment regarding a

contractual matter

191

____________________________

CRAIG NIEMANNCHIEF EXECUTIVE OFFICER


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5 Ordinary Meeting - 25 November 2015

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

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

PUBLIC QUESTION TIME

Public Question Time Guidelines

Public Question TimePurposeCouncil has provided the opportunity for members of the public to lodge writtenquestions of broad interest to Council and the community. Matters relating to routineCouncil works should be taken up with Councils Customer Service Officers throughits Customer Request System.

Question time will be limited to written questions received before 12 noon onthe day of the meeting. The questions will be read by a Council representativeand answered by the Mayor.

No questions relating to planning matters on the Agenda will be accepted. By thetime planning matters have reached the council agenda, they have been through anextensive process as required by the Planning and Environment Act. In addition, inmost instances mediation has been held between the parties involved. Throughoutthe process there are many opportunities for people to ask questions.

Public Question TimeWhere, When And WhoThe public question time is held at every Ordinary Meeting of Greater Bendigo CityCouncil. Meetings of Council commence at 6.00pm in the Reception Room, BendigoTown Hall, Hargreaves Street, Bendigo.

The public question time is held at the start of the meeting as close as practical to6:00pm. A maximum of 30 minutes has been provided for registered writtenquestions.


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Acceptance of QuestionsCouncils Meeting Procedure Local Law does not allow for other questions orcomments during the remainder of the meeting.

1. An individual may only lodge one question per meeting.

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

3. In the event that time does not permit all written questions registered to beanswered, questions will be answered in writing or referred to the next meetingif appropriate.

4. The Mayor and or CEO have the right to decline registration on basis of:

Legal proceedings; More appropriately addressed by other means; Vague or lacking in substance, irrelevant, frivolous, insulting offensive,

improper, defamatory or demeaning; Answer likely to compromise his / her position; Confidential, commercial-in-confidence.

5. Each individual whose written question has been accepted or declined will beadvised by early afternoon on the day of the scheduled meeting.

6. In the event of a written question being declined the question will be circulatedto the Council for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR WILLIAMS' REPORT


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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 todebate on specific items within the agenda; or in writing to the Chief ExecutiveOfficer before the meeting. Declaration of indirect interests must also includethe classification of the interest (in circumstances where a Councillor hasmade a Declaration in writing, the classification of the interest must still bedeclared 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 meetingand remain outside the room while the matter is being considered, or any voteis taken.

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


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 4 November 2015 and the Special

Meeting of Council held on Tuesday 10 November 2015.

The following items were considered at the Ordinary Council meeting held onWednesday 4 November 2015 at 6:00pm:

Petition: To Keep Bendigo Occasional Care Open Planning Scheme Amendment C212 - Corrections Amendment - Consider for

Authorisation 376-378 High Street, Golden Square - Partial Demolition of Existing Dwellings,

Demolition of Two Carports and Construction of 22 Unit Motel, Car ParkingReduction, Advertising Signage and Creation of a Vehicular Access to a

Category Road Zone 1 21-25 Curtin Street, Flora Hill - 7 Lot Subdivision Commercial Land and Activity Centre Strategy Rosalind Park Recreation Reserve Precinct Master Plan and Management

Framework Bendigo Botanic Gardens Cast Iron Conservatory Municipal Public Health and Wellbeing Plan Annual Review Positive Ageing Strategy 2011-2016 Completion Report Violence Prevention Plan 2012-2015 Completion Report Economic Development Strategy: 2014-2020 (Implementation Update)

Bendigo Tramways Study and Strategic Plan Annual Summary of Operations - Capital Venues and Events 2014/15 Annual Summary of Operations - Bendigo Art Gallery 2014/15 Annual Summary of Operations: Bendigo Airport 2014/15 Annual Summary of Operations - Bendigo and Heathcote Tourism Visitor

Information Centres 2014/15 Annual Summary of Operations - Major Events Unit 2014/15 Bendigo Small Business Festival 2015 City of Greater Bendigo Annual Report 2014/2015 Councillor Conduct Panel Decision

Council Meeting Dates 2015/2016 Audit Committee Chairperson's Annual Report 2014/15 Independent Review Progress Report November 2015 Record of Assemblies Contracts Awarded Under Delegation Confidential Section 89 Report - Proposed Development


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The following items were considered at the Special Meeting of Council held onTuesday 10 November 2015 at 6:00pm:

Election of Mayor for 2015/2016 Congratulations to Newly Elected Mayor Response by Mayor for 2015/2016 Immediate Past Mayor's Report for 2014/2015 Response to Immediate Past Mayor's Report for 2014/2015 Council and Community Committees for 2015/2016

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

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Council held on Wednesday 4November 2015 and the Special Meeting of Council held on Tuesday 10 November2015, as circulated, be taken as read and confirmed.


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1. PETITIONS AND JOINT LETTERS

Nil.


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Planning for Growth - Reports 11 Ordinary Meeting - 25 November 2015

PAGE 11

2. PLANNING FOR GROWTH

2.1 STRATHFIELDSAYE TOWNSHIP EAST PRECINCT - REVISED

DEVELOPMENT PLAN FUNDING AGREEMENT

Document Information

Author Ross Douglas, Manager Planning

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

There is an approved Development Plan which applies to the StrathfieldsayeTownship East Precinct. The plan contains a funding agreement aimed at deliveringa range of infrastructure projects, such as intersections and drainage, necessary forthe orderly subdivision of the precinct into residential lots. Villawood Properties,which is a key developer within the precinct, is seeking to revise the current fundingagreement to take account of cost increases for some projects, as well as changesin the floodway extent within the precinct.

The revisions will increase the charge rate within the funding agreement from

$66,500per net developable hectare to $83,092per net developable hectare.

This report recommends that the revisions be agreed to. The revisions will accuratelyreflect the real cost of delivering the infrastructure projects, based on up-to-dateinformation, and will avoid creating a funding shortfall that would be detrimental tothe development of the precinct.

Policy Context

City of Greater Bendigo Council Plan 20132017 (2015-2016 Update)

Planning for Growth Housing options provide broader choice in order to meet current and future

community expectations and needs.

Productivity Council fosters business and industry growth.

Sustainability The built and natural qualities that make Greater Bendigo an attractive and

appealing place are valued and conserved.


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Background Information

The Strathfieldsaye Township East Precinct is a nominated new development areaunder the Planning Scheme. A Development Plan has been approved for theprecinct to facilitate the orderly and integrated subdivision of the precinct into

residential lots over a period of 10 to 15 years. The Development Plan was reportedto the Council in May 2013.

The Development Plan was prepared by Villawood Properties and its joint-venturepartners. Villawood owns several key land parcels within the precinct which arebeing progressively developed as a housing estate known as ImagineStrathfieldsaye. The Imagine estate is expected to yield 800 house lots uponcompletion.

The Development Plan calls for a variety of shared infrastructure assets to beconstructed within the precinct. In the interest of fairness and equity the

Development Plan seeks to apportion the delivery of these assets via themechanism of a funding agreement. The Council report from May 2013 describesthe funding agreement thus:

One of the attractive features of the development plan is the proposed sharing ofinfrastructure projects equally across the development area. The developmentplan includes a table identifying the contributions that each land owner will needto pay to Council when they seek to subdivide their land. The funding is designedto cover the following infrastructure projects:

Wetlands, ponds and sedimentation basins.

Land outside the 1 in 100 flood line required for wetlands/sedimentationbasins.

Intersections with arterial roads or higher order external roads.

Shared paths within Emu Creek, tributaries and Apsley Street.

Pedestrian crossing of Emu Creek.

Land for unencumbered passive open space.

Costs of preparing the development plan and background reports.

The infrastructure contributions will be implemented via a Section 173 agreementimposed via Council when a subdivision permit is issued. At Councils discretionworks may be delivered directly by developers as works in lieu of payments ofcash contributions.

Under the current funding agreement developers within the precinct will be levied aflat rate of $66,500 per net developable hectare (unencumbered land).


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Report

Construction costs

The current funding agreement was prepared on the basis of 2013 construction cost

estimates. These estimates involved making assumptions about design standardsand anticipating the requirements of various authorities, such as VicRoads. Thefunding agreement costs were framed before any detailed design work commencedfor the Imagine estate.

Villawood is now seeking to amend the funding agreement to reflect increases in theintersection and drainage construction costs, and the refinement of the floodwayarea. The latter change results in an increase in the overall net developable area.

Mesh, consultancy acting for Villawood, has prepared a comprehensivememorandum describing the proposed changes (see Attachment 1). The

memorandum makes the following key points:

The construction cost to deliver two intersections on Strathfieldsaye Road hasincreased due to the final requirements of VicRoads. The combined increase tothe charge rate is $8,628 per net developable hectare.

All of the proposed drainage projects expect one need to be revised to reflecttopographical considerations (substantial excavation works are required to makethe wetland operate properly) and to account for an under-estimation of wetlandsconstruction costs. Some wetland projects have also been replaced with raingardens (which are in fact cheaper to construct). These revisions and updating of

construction costs increase the charge rate by $9,653 per net developablehectare.

The total increase to the charge rate resulting from the changes to theintersection and drainage construction costs is $18,642.

New flood data has led to a revised floodway being determined along EmuCreek. This increases the extent of unencumbered land that is suitable fordevelopment. The revised total net developable area is 63.91ha (the currentapproved net developable area is 61.06ha).

The net increase in net developable area combined with the increase in

intersection and drainage construction costs results in a total overall increase tothe charge rate of $14,845.

Mesh has adjusted all the project costs into 2014 dollars using the appropriate index,and has increased the funding agreement preparation cost to reflect the additionalwork undertaken by Mesh. As a result the total revised 2014 funding agreementcharge is $83,092 per net developable hectare. The table below summarises theproposed changes.


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ENDORSEDINFRASTRUCTURE

VALUES

8 May 2013

REVISEDINFRASTRUCTURE

VALUES

31 July 2014

NET INCREASEDBETWEEN

ENDORSED ANDREVISED CHARGES

TOTAL INFRASTRUCTURECOST

$4,060,427 $5,213,686 $1,153,258

CONTRIBUTION RATE $ /ha

$66,500 $83,092 $16,592

Table 1: Summary of changes between the current and proposed infrastructure contributiontables (adapted from the Mesh memorandum dated 13/1/2015)

Works-in-kind

Villawood is the primary land developer within the precinct since it controls 45% ofthe total net developable area. Villawood intends to meet its entire fundingagreement liability through works-in-kind, meaning that it will actually constructselected infrastructure projects rather than making a cash contribution to the City.Based on the net developable area under the control of Villawood, it will have aliability of $2,372,862. The total value of the projects that Villawood intends to deliveras works-in-kind is $2,500,675.

Since the value of the works-in-kind delivered by Villawood will exceed its liabilitythen the City will be required to reimburse Villawood. Based on the 2014$ updatedfigures the reimbursement value is $127,813, which is only $320 more than the May

2013 value (see the table below).

ENDORSEDINFRASTRUCTURE

VALUES

8 May 2013

REVISEDINFRASTRUCTURE

VALUES

31 July 2014

NET INCREASEDBETWEEN

ENDORSED ANDREVISED CHARGES

COUNCIL OWING TOVILLAWOOD

$127,493 $127,813 $320

Table 2: Reimbursement owing to Villawood at completion of all Villawood controlleddevelopments within the precinct (adapted from the Mesh memorandum dated 13/1/2015)

A Section 173 agreement between Villawood and the City will address the issue ofreimbursement. Villawood will only be reimbursed for works-in-kind when money hasbeen accrued in the contribution fund. The fund will accrue when other developerswithin the precinct meet their own liabilities by making a cash contribution to thefund.

The appropriateness of the revised funding agreement

Because the funding agreement is not incorporated into the Planning Scheme, in the

same way as a formal development contributions plan would be, there is flexibility toadjust the charge rate when up-to-date construction costings become available.


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Detailed design work associated with the Imagine estate has revealed modestdeficiencies with the current funding agreement. It is therefore reasonable that thefunding agreement be adjusted to accurately reflect the real cost of delivering theinfrastructure projects. This is precisely what the changes proposed by Villawoodseek to do.

As Mesh rightly note in its memorandum, the implication for the City of it doesntagree to the proposed changes is that there will be a $1.16 million funding shortfallwhich would be detrimental to the proper delivery of the planned infrastructureprojects.

Conclusion

The revisions to the funding agreement proposed by Villawood are a reasonableresponse to particular issues that have been revealed through detailed design workundertaken as part of the development of the Imagine estate. The revisionsaccurately reflect the true cost of the planned infrastructure projects.

Options

The Council, acting as the Responsible Authority under the Greater BendigoPlanning Scheme, may approve or refuse the proposed revisions to the fundingagreement that forms part of the approved Development Plan for the precinct.

Attachments

Memorandum from Mesh dated 13 January 2015

RECOMMENDATION

That the Greater Bendigo City Council resolve to approve an amendment to theadopted Development Plan for the Strathfieldsaye Township East Precinct bysubstituting the existing funding agreement with the revised funding agreementprepared by Mesh dated January 2015.


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2.2 1-3 BANNERMAN STREET, BENDIGO 3550 - SUBDIVISION OFLAND INTO 4 LOTS (IN STAGES), DEMOLITION OFOUTBUILDINGS, PARTIAL DEMOLITION AND EXTENSION TO

EXISTING DWELLINGS AND CONSTRUCTION OF 2 DWELLINGS(SINGLE STOREY)


Author Peter O'Brien, Senior Planner & Chris Duckett, Co-ordinatorPlanning

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

Application details: Subdivision of land into 4 lots (in stages), demolition ofoutbuildings, partial demolition and extension to existing dwellingsand construction of 2 dwellings (single storey).

Application No: DSD/176/2014

Applicant: Penno Drafting & Design

Land: 1-3 Bannerman Street, BENDIGO 3550Zoning: General Residential Zone

Overlays: Neighbourhood Character Overlay 1

No. of objections: 7

Consultationmeeting:

29 September 2015, attended by Cr. Williams.

Key considerations: Planning Scheme policy regarding housing and infilldevelopment;

Residential character and the provisions of the GeneralResidential Zone and Neighbourhood Character;

Servicing of the lots; Traffic/parking impacts; and Compliance with ResCode.

Conclusion: Council strategy and policy supports infill in this area. The site isconsidered to be suitable for two additional dwellings and thedwellings have been assessed as being an acceptable responseto character.


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Policy Context

City of Greater Bendigo Council Plan 20132017 (2015-2016 Update)

Planning for Growth Housing options provide broader choice in order to meet current and future

community expectations and needs.

Productivity Council fosters business and industry growth.

Sustainability The built and natural qualities that make Greater Bendigo an attractive and

appealing place are valued and conserved.

Background

The original application was for a five lot subdivision and construction of three, twostorey dwellings. The initial application received seven objections, many of whichwere concerned about density and the two storey nature of the dwellings (due to thefall of the land).

Figure 1: Site layout of the initial application

The applicant, in response to the objections and officer concerns, reduced the scaleof the development from five to four lots and amended the dwellings to single storey.


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The application was re-advertised with no objections being withdrawn though twoobjectors lodged further objections to the amended plans.

Report

Subject Site and Surrounds

The application site consists of both 1 and 3 Bannerman Street, Bendigo and theyhave lot areas of 952 and 1,063 square metres respectively. Both lots contain singlestorey, weatherboard dwellings with 1 Bannerman Street constructed in 1953 and 3Bannerman Street constructed in 1956.

The application site has frontage to both Bannerman and Bennett Streets and anotable characteristic of Bennett Street is the avenue of Ironbark trees.

The site is proximate to the CBD and the Victoria Heights Aged Care Facility isopposite. The residential character policy for the area describes it as:

This precinct forms part of the inner ring of suburbs that exemplify the distinctivecharacter of early Bendigo. Most of the housing is from the Victorian, Edwardianand Inter-war periods. In parts of the precinct, dwellings are frequentlyweatherboard with picket fences creating a modest cottage' character.Elsewhere, brick and render are more common, particularly in the areas withlarger houses and mansions. Setbacks vary according to the size of lot andhousing, but are often consistent within a particular streetscape. Much of thearea has heritage significance.

Figure 2: Location map showing subject site. Objectors properties marked with a star. Note: not allobjectors are shown on this map owing to where they reside in relation to the subject site.


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Proposal

The application proposes to subdivide the existing two lots into four lots. Lots 1 and2 will be 519 and 567 square metres each (and contain the existing dwellings, whichare also proposed to be extended).

Lot 3 will be 467 square metres and contain a single storey dwelling fronting BennettStreet, with access from a common property driveway.

Lot 4 will be 462 square metres and also contain a single storey dwelling with accessfrom a common property driveway.

Figure 3: Site plan.


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Figure 4: Street perspectives.

Planning Controls - Greater Bendigo Planning Scheme

The reasons why planning approval is required are: To subdivide land and construct dwellings under cl 32.08-2 and 32.08-4 (General

Residential Zone); To subdivide land, demolish outbuildings, partly demolish dwellings, construct

new and extend existing dwellings under cl 43.01-1 (Neighbourhood CharacterOverlay).

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

State Planning Policy Framework Open space (cl 11.03)

Regional development (cl 11.05) Urban environment (cl 15.01) Sustainable development (cl 15.02) Residential development (cl 16.01) Movement networks (cl 18.02) Development infrastructure (cl 19.03)

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

Local Planning Policies Central Bendigo Residential Character Precinct 2 (cl 22.11)

Other Provisions General residential zone (cl 32.08)

Neighbourhood character overlay (cl 43.01) Residential subdivision (cl 56) Decision guidelines (cl 65) Referral and notice provisions (cl 66)

Consultation/Communication

Referrals

The following authorities and internal departments have been consulted on the

proposal:


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Referral Comment

Powercor No objection subject to conditions

Coliban Water No objection subject to conditions

Telstra No objection subject to conditions

Tenix No objection subject to conditions

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Public Notification

The application was advertised by way of notice on the site and letters to adjoining

and nearby owners and occupiers.

As a result of advertising, 7 objections were received, with the grounds of objectionbeing:

Inconsistency with the Citys adopted Residential Character Policy (CB2) andNeighbourhood Character Overlay;

Inconsistency with aspects of ResCode (width of crossovers/energy efficiency); Amenity impacts owing to the closeness of the proposed dwellings with existing

dwellings; Parking and traffic concerns (eastern side of Bennett Street now contains line

marked parking spaces)

The planning merits and objections are discussed below.

Planning Assessment

The principle of residential development in this location:

There are broad housing policy directions in the State Policy (Clauses 11.02 and16.01) and the Municipal Strategic Statement of the Planning Scheme which aresupportive of medium density housing, in some form, on the application site.

Clause 21.06 of the Planning Scheme was formulated following the preparation andadoption of the Bendigo Residential Development Strategy 2004. The Strategydesignates future residential development in the municipality's urban areasaccording to five categories:

Urban containment [author emphasis]; Core development; Community focused development; New development areas; Satellite development.


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Clause 21.06-1 states that the intent of the urban containmentcomponent of thestrategy is to encourage higher density development in potential infill locations suchas the former VicRoads and Coliban Water sites, mine despoiled land and two lo tsubd ivis ion of exist ing lots general ly. While this component has relatively limitedpotential for detached and semi-detached dwelling development, it provides

considerable benefits in terms of sustainability and minimising infrastructuredevelopment costs. By 2030, the City has targeted an additional 3,164 dwellingshousing 6,000 new residents as a result of urban containment and subject to s iteresponsive planning. [author emphasis]

The urban containmentstatements of policy are supportive of subdividing land inestablished, well serviced locations as are two lot subdivisions generally andemphasise the importance of how a development responds to its context. In thiscase the there is no issue with the application in a policy sense as effectively eachexisting lot will be subdivided into two lots each, but in an efficient way where bothwill be accessed via the common property running between all four lots.

Neighbourhood Character Overlay and Residential Character Policy

The application site is within Central Bendigo Character Precinct 2 (CB2). Thestatement of desired future character is The heritage qualities and the distinctivecharacteristics of each streetscape will be maintained and strengthened.

The application has been considered against the preferred design responseobjective noted in the policy as follows:

Objective Preferred Design ResponsesTo retain buildings that contribute tothe valued character of the area.

Retain and restore wherever possible,intact Victorian, Edwardian, Federationand Interwar era dwellings. Alterations andextensions should be appropriate to thebuilding era.

Officer Response: Both existing dwellings are outside of the preferred period ofretention, however it is pleasing they are being retained and appropriately extendedas they make a positive contribution to the streetscape.

To encourage the consideration of thelandscape setting of the dwelling.

Prepare a landscape plan to accompanyall applications for new dwellings.

Retain large, established trees and providefor the planting of new trees whereverpossible.


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Objective Preferred Design Responses

Officer Response: A concept landscape plan accompanied the application. In theconsultation meeting it was a suggested outcome that that the Ironbark tree in theside setback of Lot 1 (an existing dwelling) be retained, with extra landscaping

placed in front of the wall so as to break the bulk of that wall. These suggestionsare incorporated into the landscape plan condition.

It was also suggested that a softer pavement treatment be adopted for the commonproperty (usually bitumen or concrete)this suggestion is also incorporated in thelandscape plan condition with an exposed aggregate finish recommended.

To minimise site disturbance andimpact of the building on thelandscape.

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

Officer Response: The proposed dwellings and extension to the existing dwellings

respond appropriately to the rise of the property.

To maintain the consistency, wherepresent, of building front setbacks

The front setback should be not less thanthe average setback of the adjoining twodwellings.

Officer Response: The setback of the only new dwelling proposed to front a street(Lot 3) is greater than the neighbouring dwellings, which is acceptable.

To maintain the rhythm of dwellingspacing.

Buildings should be setback from at leastone side boundary.

Officer Response: This objective is met across the development.To minimise the dominance of carstorage facilities.

Locate garages and carports behind theline of the dwelling.

Officer Response: Garages have been designed and sited appropriately. In thecase of Lot 3, the garage is at the front of the dwelling; however access is to theside of the dwelling so the dominant presentation of that dwelling from mostviewpoints will be of an active dwelling presentation (except when being viewedfrom certain angles south of the application site from Bennett Street).

To respect the identified heritage

qualities of the streetscape oradjoining buildings.

Where the streetscape contains identified

heritage buildings, reflect the dominantbuilding forms in the street, including roofforms, in the new building design.

Officer Response: The roof forms of the new dwellings are hipped roofs, which isappropriate in this context.

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,the height of the dwelling at the front of thedwelling should match the typical single

storey wall height.


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Objective Preferred Design Responses

Officer Response: The dwellings are single storey and will therefore not dominatethe streetscape. Roof shapes are generally appropriate for the area.

To use building materials and finishesthat complements the dominantpattern within the streetscape.

In streets dominated by weatherboarddwellings, use timber or other non-masonry cladding materials wherepossible, and render, bag or paint bricksurfaces.

Officer Response: The material selection is appropriate. The Lot 3 dwelling frontingBennett Street proposes a mix of face brick and weatherboard; the dwellingextensions will match the existing weatherboard. The least visible dwelling (Lot 4)will be face brick.

To ensure front fences are appropriate

to the era and maintain the opennessof the streetscape.

Provide open style front fencing.

Officer Response: No front fences are proposed.

From the assessment above it is concluded that the design of the development is anappropriate response to the site and character of the area.

General Residential Zone

The subject site is within the General Residential Zone (GRZ). When deciding on a

permit application the decision guidelines at cl 32.08-10 are relevant and thefollowing conclusions are made about the permit application.

Decision Guideline Assessment

GeneralThe State Planning Policy Frameworkand the Local Planning PolicyFramework, including the MunicipalStrategic Statement and local planningpolicies.

The proposed subdivision is consistentwith State and local policies directedtowards increasing residential densitiesin existing urban areas and encouraginga diversity of housing types.

GeneralThe purpose of this zone.

Purposes of the zone relevant to theconsideration of the dwellings proposedby the application include: To encourage development that

respects the neighbourhood characterof the area;

To implement neighbourhoodcharacter policy and adoptedneighbourhood character guidelines;and

To provide a diversity of housing


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Decision Guideline Assessment

types and moderate housing growth inlocations offering good access toservices and transport.

The key objective of the zone is tofacilitate housing that respects character.The officer assessment is that thisapplication achieves this objective.

SubdivisionThe pattern of subdivision and its effecton the spacing of buildings

The spacing of dwellings accords withthe Citys adopted character policy in thisregard.

SubdivisionFor subdivision of land for residential

development, the objectives andstandards of Clause 56.

The application meets the appropriatestandards and objectives.

DwellingsFor the construction and extension of twoor more dwellings on a lot, dwellings oncommon property and residentialbuildings, the objectives, standards anddecision guidelines of Clause 55.

The application is generally compliantwith ResCode although the vehiclecrossover is one issue which requires avariation to the standard. This isdiscussed further below.

Residential Amenity and ResCode

The purpose of Clause 55 Two or m ore dwel l ings on a lot and resident ialbu i ld ings includes the need to achieve residential development that respectsneighbourhood character and provides reasonable standards of amenity for existingand new residents.

It is a requirement of Clause 55 that a development must meet all of the objectives ofthe clause and should also meet all of the standards. All objectives have beenassessed and have been met. The objectives relevant to the issues raised byobjectors and not covered elsewhere in this report and the standards which require a

variation are considered below:

B14 Access

The objective is to ensure the number and design of vehicle crossovers respects theneighbourhood character.

The standards includes that no more than one single-width crossover should beprovided for each dwelling fronting a street and that the location of crossovers shouldmaximise the retention of on-street car parking spaces.


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The vehicle crossover for lot 1 does not comply with these standards as a doublecrossover is proposed and at least one on-street, line-marked parking bay will be lostto accommodate the crossover. A condition could be imposed to reduce the width ofthe crossover and carport to single width but this would either require a redesign ofthe house to accommodate two tandem parking spaces or a waiver of one parking

space.

On balance the proposed crossover design is acceptable as there are other doublecrossovers opposite the site, (at 2 Bannerman Street and 41-47 Bennett Street).The impact of the crossovers can be softened by requiring an exposed aggregatefinish.

B22 Overlooking

The objective is to limit views into existing secluded private open space andhabitable room windows.

The development has been designed to meet overlooking standards. At ground floorlevel all views to adjoining properties would be obscured by existing and proposedfencing. An objector has raised concerns about overlooking from a front verandahon Lot 3. However as this verandah has a floor level of less than 800mm fromground level, the standards do not apply.

Traffic and Parking

Local residents have raised concerns regarding the impact on traffic flows andparking in the area. The proposal is compliant with parking and access requirementsand the local road network can accommodate the vehicle movements that would beassociated with the development. In addition the Citys traffic engineer hasassessed the application and raised no concerns. As 1 line-marked parking bay willneed to be removed, a condition will be included on any permit issued, requiring thisbay be reinstated at no cost to the City.

Public Open Space Contribution

The table below considers the need for a public open space contribution as a resultof the subdivision, having regard to the criteria set out in the Subdivision Act 1988.

Public Open Space Criterion Officer Response

(a) The existing and proposed use ordevelopment of the land.

There are two existing three bedroomdwellings on the land. After subdivision,two additional dwellings would beconstructed, giving a possible total ofapproximately 12 bedrooms on the land.The subdivision will therefore result inincreased development for residentialpurposes.

(b) Any likelihood that existing openspace will be more intensively

The subdivision will result in an increase inpopulation, which will mean that existing


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Public Open Space Criterion Officer Response

used after than before thesubdivision.

open space will be used more intensivelyafter the subdivision. This increase inpopulation will add pressure on existing

public open space. The proposeddwellings are likely to be attractive tofamilies but have only a small amount ofprivate open space. There will thereforebe an increased reliance on public openspace for residents recreational needs.

(c) Any existing or likely populationdensity in the area of thesubdivision and the effect of thesubdivision on this.

The neighbourhood in which the subjectland is located is a conventional, suburbanresidential area of single dwellings on lots.In-fill development of this type is a keycomponent of the City's ResidentialStrategy. A recent audit of Council'sResidential Strategy found that nearly80% of subdivision applications approvedwere for four lots or less, contributingmore than 30% of the net lots createdeach year since 2004.

(d) Whether there are existing placesof public resort or recreation intheneighbourhood of the subdivision,and the adequacy of these.

There is a playground at 11 Casley Streetwhich is within walking distance of thesubject land (approximately 250m).

(e) How much of the land in thesubdivision is likely to be used forplaces of resort and recreation forlot owners.

No public open space will be provided onsite and the lots have limited private openspace suitable for recreation.

(f) Any policies of the Councilconcerning the provision of placesof public resort and recreation.

Council has an adopted Open SpaceStrategy.

It can be concluded that as a result of this assessment the subdivision will result inan increase in the use of nearby existing public open space.

The maximum amount that is able to collected under the Subdivision Act is 5% of thevalue of the land. In this instance as there are already two dwellings on the subjectland it is appropriate to collect a lesser amount than the maximum contribution. Ifthere were no existing dwellings on the land it may have been appropriate to collectthe maximum contribution. As the demand for public open space is likely to be 50%of the undeveloped site a contribution of 2.5% is appropropriate.

A condition will be imposed on a planning permit granted to this effect.


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Conclusion

This development seeks to introduce additional dwellings into the area whilst aimingto be respectful of neighbourhood character.

Balancing increased densities and innovative design with neighbourhood characteris not an uncommon challenge and one which will inevitably become morecommonplace and arguably unavoidable as the City seeks to achieve a sustainableincrease in densities in urban areas to meet population growth.

Local residents do have some valid concerns over the potential impact of theproposal on existing neighbourhood character. However, any minor impact needs tobe weighed against the need to maximise the use of existing urban land such as thissite. In this instance it is concluded that there is insufficient reason to refuse thedevelopment and Council should support the proposal.

Options

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

Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater BendigoCity Council resolve to issue a Notice of Decision to Grant a Permit for theSubdivision of land into 4 lots (in stages), demolition of outbuildings, partialdemolition and extension to existing dwellings and construction of 2 dwellings (singlestorey)at 1-3 Bannerman Street, BENDIGO 3550 subject to the following conditions:

1. MODIFIED PLAN REQUIREDBefore the demolition, subdivision and development starts, amended plans tothe satisfaction of the responsible authority must be submitted to and approvedby the responsible authority. When approved, the plans will be endorsed andwill then form part of the permit. The plans must be drawn to scale withdimensions and 2 copies must be provided. The plans must be generally inaccordance with the plans submitted with the application but modified to show:(a) A landscape plan in accordance with condition 2;(b) Any line marked car spaces lost as a result of the new crossover removed

and reinstated (at no expense to the City) in a suitable location, with theappropriate Works in Road Reserves approval in Bennett Street.

2. LANDSCAPE PLAN REQUIRED

Before the demolition, subdivision and development starts, a landscape plan tothe satisfaction of the responsible authority must be submitted to and approved


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by the responsible authority. When approved, the plan will be endorsed andwill then form part of the permit. The plan must be drawn to scale withdimensions and two copies must be provided. The plan must show:(a) A survey (including botanical names) of all existing vegetation to be

retained and/or removed

(b) Details of surface finishes of pathways and driveways (noting an exposedaggregate finish for the common property and vehicle crossovers);

(c) Planting schedule of all proposed trees, shrubs and ground covers,including botanical names, common names, pot sizes, sizes at maturity,and quantities of each plant;

(d) The method of retention and protection of the large established IronbarkTree in the side setback of Lot 1 (existing dwelling)

(e) Additional landscaping between the side wall of the extended dwelling onLot 1 (existing dwelling).

3. NO LAYOUT ALTERATION

The demolition, subdivision and development permitted by this permit as shownon the endorsed plans and/or described in the endorsed documents must notbe altered or modified (for any reason) except with the prior written consent ofthe responsible authority.

4. LANDSCAPING MAINTENANCEThe landscaping shown on the endorsed plans must be maintained to thesatisfaction of the responsible authority, including that any dead, diseased ordamaged plants are to be replaced.

5. COMPLETION OF LANDSCAPINGBefore the occupation of the development starts or by such later date as isapprovedby the responsible authority in writing, thelandscaping works shownon the endorsedplans must be carried out and completed to thesatisfaction ofthe responsible authority.

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

7. REFRIGERATION & AIR-CONDITIONING EQUIPMENTAny equipment required for refrigeration, air-conditioning, heating and the likemust be suitably insulated for the purpose of reducing noise emissions andmust be located so as to not be highly visible from the street to the satisfactionof the responsible authority.

8. CONSTRUCTION PHASEAll activities associated with the construction of the development permitted bythis permit must be carried out to the satisfaction of the responsible authorityand all care must be taken to minimise the effect of such activities on the

amenity of the locality.


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9. DETAILED DRAINAGE PLANSPrior to the certification of the plan of subdivision under the Subdivision Act1988, plans to the satisfaction of the responsible authority must be submitted toand approved by the responsible authority. When approved, the plans will beendorsed 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

10. STORMWATER DETENTIONPrior to the connection of any building to the responsible authoritys drainagesystem, the owner or applicant must provide onsite surface and stormwaterdetention to pre-development levels in accordance with plans andspecifications to the satisfaction of the responsible authority.

11. STORMWATER QUALITYBefore the use or development commences, the owner or applicant mustprovide a stormwater treatment system to achieve the Best PracticeEnvironmental Guidelines storm water quality (Victorian StormwaterCommittee, 1999) in accordance with plans and specifications to thesatisfaction of the responsible authority.

12. DRAINAGE WORKSPrior to the issue of the Statement of Compliance for the subdivision, drainageworks must be constructed in accordance with plans approved by theresponsible authority in conditions above.

13. SECTION 173 AGREEMENTON SITE DETENTION SYSTEMPrior to the issue of a Statement of Compliance, the applicant/owner must enterinto an agreement under section 173 of the Planning & Environment Act 1987.

Such agreement must covenant that:(a) The on-site detention system and/or treatment system shall be designed by

a qualified engineer and must be approved by the responsible authorityprior to construction.

(b) Each detention system and/or treatment system must be constructed either

prior to, or currently with, the construction of any dwelling on the specifiedlots. Each system must be completed prior to connection to the responsibleauthoritys drainage system.

(c) The owner will maintain each on-site detention system and/or treatmentsystem and not modify without prior written approval from the responsibleauthority.

(d) The owner shall allow duly authorised officers of the responsible authorityto inspect the systems at mutually agreed times.

(e) The Owner will pay for all costs associated with the construction andmaintenance of each on-site detention system and/or treatment system.

14. CITY OF GREATER BENDIGO ASSETSBefore the development starts, the owner or developer must submit to the


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responsible authority a written report and photos of any prior damage to publicinfrastructure. Listed in the report must be the condition of kerb & channel,footpath, seal, street lights, signs and other public infrastructure fronting theproperty 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 ofthe subject land must pay for any damage caused to any public infrastructurecaused as a result of the development or use permitted by this permit.

15. VEHICLE CROSSINGSVehicular access to the subject land from any roadway or service lane (andvice versa) must be by way of a vehicle crossing(s) constructed at right anglesto the road, to suit the proposed driveway(s) and vehicles that will use thecrossing. A Works within Road Reserves permit must be obtained from the Cityof Greater Bendigo Engineering & Public Space Unit prior to any workcommencing in the road reserve.

16. SEALED CAR PARKAreas set aside for the parking of vehicles together with the aisles and drivesmust be properly formed to such levels that they can be utilised in accordancewith the endorsed plan and must be drained and provided with an imperviousall weather seal coat. The areas must be constructed, drained and maintainedin a continuously useable condition to the satisfaction of the responsibleauthority.

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

18. PEDESTRIAN SIGHTLINESThe minimum sight line for pedestrian safety must be provided at the exit lanefrontage so as to accord with Clause 52.06-8 of the City of Greater BendigoPlanning Scheme.

19. FENCING OF SITEThe fence(s) as shown on the endorsed plans(s) must be erected and

maintained to the satisfaction of the responsible authority.

20. NO MUD ON ROADSIn the event of mud, crushed rock or other debris being carried onto publicroads or footpaths from the subject land, appropriate measures must beimplemented to minimise the problem to the satisfaction of the responsibleauthority.

21. PUBLIC OPEN SPACE CONTRIBUTIONThe applicant or owner must pay to the City of Greater Bendigo an amountequivalent to 2.5% of land in the subdivision. This payment must be made

before a Statement of Compliance is issued and may be varied under section19 of the Subdivision Act 1988.


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22. TELECOMMUNICATIONS(a) The owner of the land must enter into an agreement with:

i. A telecommunications network or service provider for the provision oftelecommunication services to each lot shown on the endorsed plan in

accordance with the providers requirements and relevant legislation atthe time.

ii. A suitably qualified person for the provision of fibre readytelecommunication facilities to each lot shown on the endorsed plan inaccordance with any industry specifications or any standards set by theAustralian Communications and Media Authority, unless the applicantcan demonstrate that the land is in an area where the NationalBroadband Network will not be provided by optical fibre.

(b) Before the issue of a Statement of Compliance for any stage of thesubdivision under the Subdivision Act 1988, the owner of the land mustprovide written confirmation from:

i. A telecommunications network or service provider that all lots areconnected to or are ready for connection to telecommunications servicesin accordance with the providers requirements and relevant legislationat the time.

ii. A suitably qualified person that fibre ready telecommunication facilitieshave been provided in accordance with any industry specifications orany standards set by the Australian Communications and MediaAuthority, unless the applicant can demonstrate that the land is in anarea where the National Broadband Network will not be provided byoptical fibre.

23. AUSNET SERVICES (GAS)The plan of subdivision submitted for certification must be referred to AusNetServices (Gas) in accordance with section 8 of the Subdivision Act 1988.

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

1988 shall be referred to Powercor Australia Ltd in accordance with section8 of that Act.

(b) The applicant shall:Provide an electricity supply to all lots in the subdivision in accordance with

Powercors 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 berequired).

In the event that a supply is not provided the applicant shall provide awritten undertaking to Powercor Australia Ltd that prospective purchaserswill be so informed. Where buildings or other installations exist on the land to be subdivided

and are connected to the electricity supply, they shall be brought intocompliance with the Service and Installation Rules issued by the

Victorian Electricity Supply Industry. You shall arrange compliancethrough a Registered Electrical Contractor.


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

Any construction work must comply with Energy Safe Victorias No GoZone rules.

Set aside on the plan of subdivision for the use of Powercor Australia

Ltd reserves and/or easements satisfactory to Powercor Australia Ltdwhere any electric substation (other than a pole mounted type) isrequired to service the subdivision.

Provide easements satisfactory to Powercor Australia Ltd, whereeasements have not been otherwise provided, for all existing PowercorAustralia Ltd electric lines on the land and for any new powerlinesrequired to service the lots and adjoining land, save for lines located, orto be located, on public roads set out on the plan. These easementsshall show on the plan an easement(s) in favour of "Powercor AustraliaLtd" for Powerline Purposes pursuant to Section 88 of the ElectricityIndustry Act 2000.

Obtain for the use of Powercor Australia Ltd any other easementexternal to the subdivision required to service the lots.

Adjust the position of any existing easement(s) for powerlines to accordwith the position of the line(s) as determined by survey.

Obtain Powercor Australia Ltds approval for lot boundaries within anyarea affected by an easement for a powerline and for the construction ofany works in such an area.

Provide to Powercor Australia Ltd, a copy of the version of the plan ofsubdivision submitted for certification, which shows any amendmentswhich have been required.

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

to each of the lots within the subdivision and comply with any requirementsarising from any effect of the proposed development on Coliban Waterassets. Services are to be provided in accordance with our specifications.

(b) The applicant is to provide evidence to the satisfaction of Coliban Waterthat existing private water pipes and sanitary drains do not cross theboundaries between lots. Where modifications to pipes or drains arerequired in order to satisfy this requirement, all work is to be carried out inaccordance with AS3500 National Plumbing and Drainage Code of

Australia and the relevant requirements of Coliban Water. Works to modifyColiban Water assets may only commence with prior approval by ColibanWater.

(c) All Coliban Water assets within the subdivision, both existing andproposed, are to be protected by Registered Easement in favour of ColibanRegion Water Corporation.

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

26. COMPLETION OF DEVELOPMENTBefore a statement of compliance is issued for the subdivision: The dwelling(s) approved under this permit must be constructed to a state


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of practical completion to the satisfaction of the responsible authority; or The owner must enter into an agreement under section 173 of the Planning

& Environment Act 1987 that covenants that the lots created by thesubdivision will only be developed in accordance with the plans endorsedunder this permit. The agreement will end upon completion of the

development shown on the endorsed plans.

27. EXPIRY OF THE PERMIT - SUBDIVISION AND DWELLINGSThis permit will expire if:(a) The plan of subdivision is not certified within two years from the date of this

permit; or(b) The subdivision is not completed within five years from the date of

certification of the plan of subdivision; or(c) Construction of the approved dwellings is not completed within 7 years

from the date of this permit.The responsible authority may extend the time for certification of the plan, or for

the completion of the dwellings, if a request is made in writing before the permitexpires or thereafter, within the period allowed by section 69 of the Planningand Environment Act 1987.

Telstra NoteApproval does not cover alterations to existing Telstra plant or network. Locations ofexisting network can be obtained from Dial Before You DigPh: 1100

For co-ordinated Telstra plant reticulation in this development, please refer towww.telstrasmartcommunity.com to register your development and apply forreticulation.

City of Greater Bendigo Engineering & Public Space Note

A Works within Road Reserves permit must be obtained from the City of GreaterBendigo Engineering & Public Space Unit prior to any work commencing in the roadreserve.

CONSENT FOR WORK ON ROAD RESERVES

The applicant must comply with:(a) The Road Management Act 2004,(b) Road Management (Works and Infrastructure) Regulations 2005, and(c) Road Management (General) Regulations 2005

with respect to any requirements to notify the coordinating authority and/or seekconsent 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 thisnote on this planning permit is not deemed to have been notified of, or to have givenconsent, to undertake any works within the road reserve as proposed in this permit.


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2.3 SOLDIERS MEMORIAL INSTITUTE REVITALISATION PROJECT


Author Megan McDougall, Heritage Architect/AdvisorAndy Walker, Manager Building and Property

Responsible Prue Mansfield, Planning and DevelopmentDirector

Summary/Purpose

The purpose of this report is to: Seek Councils endorsement of the proposed Soldiers Memorial Institute

Revitalisation project as described in the design by Lovell Chen and to proceed toadvertising of the permit applications.

Seek confirmation that Council supports a contribution to the project of $800,000over 2 financial years out of the Renewal and Upgrade budget; supports seekingexternal funding from State and Federal government sources, with the RSL alsoto provide funds to the project.

Policy Context

Council Plan 20132017

2014-2015 Update

Action 2.1.8: Complete design and planning and seek funding for upgrade of theSoldiers Memorial Hall in Pall Mall.

Rosalind Park Recreation Reserve Master Plan and Management Plan (RPMP)

Design and Development Overlay for the CBD (DD05)


The Soldiers Memorial Institute is a prominent building of considerable significanceto the Greater Bendigo community. Constructed as a permanent memorial to allthose from Bendigo who served in World War 1, it is included on the VictorianHeritage Register as a place of architectural, social, and historical significance to theState of Victoria. The focus of the building since 1998 has been on developing theBendigo RSL Military Museum and today it houses one of the most significantmilitary history museums outside of Canberra.


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The building was constructed in 1920-1921 and opened in November 1921. It is onCrown Land, with the City as Committee of Management and responsible for themaintenance and property costs. The RSL has a long term lease with the City to usethe building and is responsible for funding the operating costs. The museum largelystaffed by volunteers from the RSL.

The project will increase the usable space of the Memorial Hall and enhance thevisual appearance of the existing building. In addition, the City and the region willbenefit economically and culturally from this project and it will contribute to Bendigosoverall tourism appeal; marketing and promotion of Bendigos historic identity, charmand architecture; and enhanced civic pride amongst locals.

Project Background

The building is in fair condition but is no longer able to meet current standards,accessibility requirements and visitor expectations.

A Conservation Management Plan (CMP) was completed in January 2013 byContext Pty Ltd.

At the same time, a Business Plan was developed by SED for the Bendigo RSL SubBranch. Following the completion of these documents, Lovell Chen was engaged toprepare concept designs for the upgrade and expansion of the building (with a grantfrom the Commonwealth Government's Community Development Grants Programand a contribution from the RSL).

Prior to detailed documentation being completed, a design review was undertaken ofthe Lovell Chen concept design by the City's Heritage Architect / Advisor to ensurethat consideration had been given to the following: Urban design considerations Functionality Aesthetic presentation Heritage Impact Materials choice Siting and Landscape

Precinct

Apart from Rosalind Park, the immediate precinct contains a concentration of someof Bendigos most important heritage buildings, located along Pall Mall, View Pointand View Street, which reflect the impact of the wealth created by goldmining. Theseinclude the former Bendigo Post Office, (now Visitor Information Centre), BendigoLaw Courts, the Shamrock Hotel, the Sandhurst Trustees Building and the CapitalTheatre.

A splendid assortment of former bank buildings, many still retaining their original goldsmelters and furnaces behind, include the former Royal Bank, former Colonial Bank(now Bunja Thai), and the former Commercial Bank of Australia.


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Heritage

The Soldiers Memorial Institute is included in the Schedule to the Heritage Overlayin the Greater Bendigo Planning Scheme, as HO222.

It is included on the Victorian Heritage Register: VHR H1339. The Statement ofSignificance is as follows:

What is significant?

The Returned Soldiers' Memorial Hall was opened on 15 November 1921 bythe Earl of Stradbroke as a permanent memorial to all those from Bendigo whoserved in World War One and particularly to those who died in service. Thedesign of the memorial hall characterised by stripped and distorted classicismpopular with public buildings of the early twentieth century, was by localarchitect Mr GD Garvin of the architectural partnership, W Beebe and GD

Garvin. The memorial hall was planned to provide accommodation for a clubfor returned soldiers, a band rotunda and a publicly accessible honour roll. onAnzac Day, 1926 the Honour Roll, with 2300 names on bronze tablets fitted onthe wall of the loggia of the Memorial was unveiled.

How is it significant?

The Returned Soldiers' Memorial Hall, Bendigo is of architectural, social andhistorical significance to the state of Victoria

Why is it significant?

The Memorial is of architectural importance as an unusual example of a war

memorial hall designed to accommodate a band rotunda on the roof. Thebuilding has well designed external detailing, integrating symbolic memorialwreaths and flags characteristic of war memorials with more standard classicalarchitectural features. The Bendigo Returned Soldier's Memorial is of historicaland social importance as a large intact memorial hall commemorating thecitizens of Bendigo and region who served and gave their lives during WorldWar.

Current Situation

The current building has numerous problems including:

Toilet facilities are outdated, not DDA compliant and difficult for volunteers toaccess.

Lack of adequate storage. Current storage is dispersed throughout the building,is difficult to access and compromises some internal spaces.

No space for temporary or touring exhibitions.

No preparation area. This would be required to accommodate touring exhibitionsor exhibitions which access other museums' collections (eg War Memorial inCanberra).

The caretakers flat within the building is no longer requi red and compromisessome of the original spaces.

No loading area.

Outdated, outmoded and no longer fit for purpose.


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The Soldiers Memorial Institute and Museum Business Plan prepared by SEDDecember in 2013 has a number of priorities including:

Promoting diverse and increasing participation in the RSL Soldiers Memorial

Activities. Actively display, present and inform visitors of Bendigos military servicemen and

women. Undertake building improvements.

Effectively stage and market museum events, business and activities.

Strengthening established education linkages between key stakeholders (RSL,schools, Shrine of Remembrance and Australian War Memorial).

Ensuring skills, services and building facilities are first class.

Creating synergies between other Bendigo tourism activities.

The proposed design needs to ensure the priorities of the business plan can beaccomplished.

The broad vision for the project (which includes upgrade of the existing building aswell as a new extension housing a temporary exhibition gallery, preparation andstorage) is that the project will result in a building that: Meets contemporary museum standards including adequate preparation space.

Can accommodate travelling and temporary exhibitions to ensure a changing,vibrant and interesting museum experience.

Allows access for visitors of all ages and abilities.

Is in excellent condition with better thermal performance and reduced

maintenance costs. Provides an improved visual presentation from all directions, especially from

Rosalind Park.

Design Proposal

The proposal incorporates exhibition space at ground floor level, with the storageand preparation areas within the upper level roof space. This is to ensure it stillreads as a single storey building.

Review by the Office of the Victorian Government Architect

The design was reviewed by the Office of the Victorian Government Architect(OVGA) to ensure a high quality solution for this prominent location. OVGA said:

We are highly supportive of the developing design and suggest that LovellChen have put forward an elegant and highly considered design propositionthat respects both the heritage building and park context and contributespositively to the City of Bendigo.

The design approach which uses a high level of insulation to minimise future energy

use was also praised.


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Heritage Victoria actively participated in the review process and is supportive of theproposed design.

Report

Permits

The project is now fully documented, with detailed drawings and specificationsprepared.

The Heritage Victoria permit application has been lodged, and the PlanningPermit application is ready to be submitted.

Both permit applications require public advertising.

Once the permits have been obtained the project is shovel ready, which will

optimise external funding opportunities.

While the subject land is located within the area of the Dja Dja Wurrung Land UseActivity Agreement (LUAA), it is excluded from the LUAA because it containsinfrastructure (the Soldiers Memorial Hall) which existed prior to the agreement.

Funding and Staging

Total project, pre tender cost estimate at June 2015 is $4,156,000.

New building $2.16 million.

Existing building $1.05 million.


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Other costs, external works, furniture and fittings, equipment, consultant fees andcontingencies.

The City's contribution is $800,000 over 2 years out of the Renewal and Upgradebudget.

Grant applications-State- Regional Infrastructure Fund- Visitor Economy andpossibly a Federal contribution

RSL contribution

Build spread over 2 financial years.

The photo above shows that the design allows the restored original building to shine,with the new wing being solid and memorial-like, while reflecting the colonnade ofthe original, and blending into the leaf backdrop.

Priority/Importance:

High

Options/Alternatives:

Council can either: Endorse the proposed Soldiers Memorial Institute Revitalisation project; Not endorse the proposed Soldiers Memorial Institute Revitalisation project; Confirm that Council supports a contribution to the project of $800,000 over 2

financial years out of the Renewal and Upgrade budget.

Not confirm that Council supports a contribution to the project of $800,000 over 2financial years out of the Renewal and Upgrade budget.

Timelines:

Media release-by end November 2015.

Advertising of Planning and Heritage Victoria Permits first 2 weeks of December2015.

Risk Analysis:

There is a slight risk of adverse public reaction to perceived encroachment intoRosalind Park.

A diagram has been prepared to compare the existing footprint showing the area oflater additions proposed for demolition, in comparison to the area of the new wing.The blue area indicates the existing additions proposed for demolition 180m2, withthe proposed new building footprint of 228m2. This shows a net increase of 48m2.


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A Communications plan has been developed to ensure the wider community isaware of the project prior to formal advertising of the permit applications.

Internal Consultation:

The City's project control group for the detailed design development included staffrepresentatives from Building and Property, Parks and Gardens, Strategy,Communications, Assets and Presentation, Planning, and Bendigo Art Gallery.

External Consultation:

External consultation to date has been with the RSL representatives, Office of theVictorian Government Architect, Regional Development Victoria, and HeritageVictoria. As part of the detailed design process, the Country Fire Authority (CFA),Coliban, North Central Catchment Management Authority, Department ofEnvironment, Land, Water and Planning (DELWP) were also consulted.

Resource Implications

The City's contribution to the overall project is proposed to come from the twosuccessive financial years Renewal and Upgrade budget, with significant externalfunding sought through State and Federal Government.


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Conclusion

This is an exciting project in a prominent location in the historic heart of Bendigo,which will ensure this important Council asset is restored and provides an improvedvisual presentation from all directions, especially from Rosalind Park

It will enable the Soldiers Memorial Institute to realise its potential to become avibrant contemporary museum which meets current museum standards and allowsaccess visitors of all ages and abilities.

A formal Council commitment to the project is required to support fundingapplications to secure the necessary additional funding from external governmentand philanthropic sources.

Attachments

Bendigo Soldiers Memorial Institute Redevelopment drawings, Lovell Chen(Issue Heritage Victoria/Town Planning 12.06.15)

RECOMMENDATION

That the Greater Bendigo City Council resolves to: Endorse the proposed Soldiers Memorial Institute Revitalisation project as

described in the design by Lovell Chen, and to proceed to advertising of thepermit applications.

Confirm that Council supports a contribution to the project of $800,000 over 2financial years out of the Renewal and Upgrade budget and project expertisefrom existing staff resources, and supports seeking external funding from Stateand Federal government sources.

Continue to work with the RSL in the project development and in confirming theircontribution.


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Presentation and Vibrancy - Reports 43 Ordinary Meeting - 25 November 2015

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3. PRESENTATION AND VIBRANCY

3.1 DOMESTIC ANIMAL MANAGEMENT PLAN 2016 - 2020


Author Neville Zimmer, Manager Parking and Animal Services

Responsible Prue Mansfield, Director Planning and DevelopmentDirector

Summary/Purpose

The purpose of this report is to seek Council's approval to release the draft DomesticAnimal Management Plan 2016-2020 (DAMP) for public comment.

Policy Context

City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):

Theme 3. Presentation & Vibrancy

Strategy: 3.5 People are supported to learn about and make decisions that

enable them to be safe and the healthiest they can be

Action 3.5.4 Implement the Domestic Animal Management Plan andcommence development of a new Plan


The DAMP is a review of the previous Plan adopted by Council for the 2012 2016period. The Plan has been produced in a format approved by the Department of

Economic Development, Jobs, Transport and Resources. They have requested thatall Victorian Councils develop their Plan using their preferred template to enableimproved auditing against the Domestic Animals Act requirements mentioned below.

The Plan is being developed earlier than planned to allow time to considercommunity concerns raised with Council in relation to cat controls and access topublic places for dogs to exercise.

This is the first of 2 reports. The DAMP will set the strategic direction for animalmanagement and the Local Law will implement some of the necessary legislativecontrols. The table below sets out the controls for management of domestic animals

and livestock:


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Local law 2Keeping of Animals

Provides a mechanism to manage the keeping of animals, birds and poultry,including:

Number and types of animals allowed to be kept Activities associated with animal keeping , ie fencing, damage to the

environment, public amenity (dust, odour, noise and pollution) Requirement to pick up any animal waste on public land and the requirement

for dog owners to carry a bag or similar device to pick up their dog waste Animal welfare

Domestic Animals Act 1994

Provides a mechanism to manage dogs and cats only, including: Registration and ownership Wandering dogs, dog attacks and rushing Management of restricted breed, dangerous and menacing dogs Nuisance issues, barking dogs and trespassing cats Registration and audit of Domestic Animal Businesses Puppy farming Training of Animal Management Officers Requirement to develop a Domestic Animal Management Plan every 4 years

Impounding of Livestock Act 1994

Provides a mechanism to manage livestock, including: Containment

Stock on roads Trespass

Report

Section 68A of the Domestic Animal Act 1994 (DAA) requires Councils at 4 yearintervals to develop a DAMP that addresses the following:

Set out a method for evaluating whether the animal control services provided bythe Council in its municipal district are adequate to give effect to the requirementsof this Act and the regulations; and

Outline programs for the training of Authorised Officers to ensure that they canproperly administer and enforce the requirements of this Act in the Councilsmunicipal district; and

Outline programs, services and strategies which the Council intends to pursue inits municipal district; and

To promote and encourage the responsible ownership of dogs and cats; and

To ensure that people comply with this Act, the regulations and any relatedlegislation; and

To minimise the risk of attacks by dogs on people and animals; and

To address any over population and high euthanasia rates for dogs and cats; and To encourage the registration and identification of dogs and cats; and


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To minimise the potential for dogs and cats to create a nuisance; and

To effectively identify all dangerous dogs, menacing dogs and restricted breeddogs in that district and to ensure that those dogs are kept in compliance with thisAct and the regulations; and

Provide for the review of existing Orders made under this Act and Local Lawsthat relate to the Councils municipal district, with a view to determining whetherfurther Orders or Local Laws dealing with the management of dogs and cats inmunicipal district are desirable; and

Provide for the review of any other matters related to the management of dogsand cats in the Councils municipal district that it deems necessary; and

Provide for the periodic evaluation of any program, service, strategy or reviewoutlined in this Plan.

Every Council must:

(a) Review its Domestic Animal Management Plan annually and if appropriate,amend the Plan; and

(b) Provide the Secretary with a copy of the Plan and any amendments to the Plan;and

(c) Publish an evaluation of its implementation of the Plan in its annual report.

The following Acts, Plans, policies and strategies have been considered as part ofthe review:

Council Plan

Local Government Act

Greater Bendigo Planning Scheme City of Greater Bendigo Animal Keeping Local Law 2

Domestic Animals Act

Open Space Strategy

Health and Wellbeing Strategy

Play Space Strategy

Victorian Charter of Human Rights

City of Greater Bendigo Human Rights Charter

Disability Discrimination Act

Risk Analysis:

Council must have its Plan in place by November 2016 or risk not being incompliance with the Act.

There is significant risk if Council does not have rigorous management processes todeal with dog attack and other nuisance issues, with relevant delegations in place.This has been an area of focus over the past 4 years.


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There is also significant risk if Council does not have competent and trainedenforcement staff dealing with dog attack issues. With several new staff, this will bean area of focus over the next 12 months.


Consultation with the community and relevant stakeholders is the key to thesuccessful implementation of any Plan. The following consultation took place in thedevelopment of the draft DAMP:

Internal

There has been extensive internal consultation with relevant managers and staffmembers throughout the organisation whose area of responsibility is allied withanimals, including land use, public space planning and management, lawenforcement, community wellbeing and social inclusion.

The opinion amongst managers has proven to be as diverse as community opinion.

External

Initial consultation occurred with relevant stakeholders as part of the Local Law andDomestic Animal Management Plan review. This consultation has included:

FebruaryJuly 2015 Community survey / questionnaire completed by 643 residents. The information

gathered has helped validate the data and inform the actions within the Plan. Media relea

council agenda 25 november 2015

Documents